Created by Fuzzy Cloud

Patna High Court

Bibi KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner on condition of furnishing bond and sureties, with power to cancel if she attempts to delay the trial.

Summary

The petitioner, Bibi Khatoon, was arrested in connection with offences under Sections 126(2), 109 and 61(2) of the BNS, with Section 103(1) later added. The FIR alleges that on 30‑Oct‑2024 she invited her husband to her house where he was assaulted by several accused persons and later died in a Nepal hospital. The petitioner contended that she has a clean antecedent, is a woman, and was falsely implicated as the informant did not disclose how she identified the petitioner among the accused or any motive for the crime. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the submissions, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 25,000 with two sureties, subject to the condition that the trial court may cancel the bail if she attempts to delay the framing of charge or the trial.

Issues considered

  • Whether bail should be granted in a case involving serious offences under the BNS
  • Whether the petitioner is likely to abscond or tamper with the trial process
  • Whether the FIR provides sufficient basis to deny bail

Legislation cited

  • BNS — s. 103(1), 109, 126(2), 61(2)

Subjects

  • bail
  • criminal procedure
  • false implication
  • women's rights
  • BNS
  • regular bail
  • trial court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15302 of 2026
                          Arising Out of PS. Case No.-165 Year-2024 Thana- SIKTI District- Araria
                 ======================================================
                 Bibi Khatoon W/O Md. Yusuf @ Muhamad Yusuf R/O Vill.- Belguri Ward
                 No. 14, P.S.- Sikty, Dist.- Araria.
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 109 and 61(2) of the

                   BNS and subsequently Section 103(1) of the BNS was added.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   is in custody since 25.11.2025. It is next submitted that

                   informant alleges that on 30.10.2024, at 08:30 p.m., petitioner

                   called her husband and asked him to come to her house where

                   from before Md. Mosim, Biwi Gulbano, Biwi Nazmiri, Biwi

                   Robni and Biwi Praveen were present and when her husband

                   reached the house of the accused persons, the accused persons

                   twisted the neck of her husband on account of which he became

                   injured and thereafter he was admitted in a hospital at Nepal in a
Patna High Court CR. MISC. No.15302 of 2026(2) dt.06-05-2026
                                            2/3




          serious condition where he subsequently died, hence, there was

          delay in instituting the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that no

          motive for the occurrence is alleged. It is next submitted that the

          informant does not disclose that on what basis she came to

          know that at the house of the petitioner, several accused persons

          were present from before. It is also submitted that no doubt, the

          postmortem report corroborates the allegation as alleged in the

          FIR but then it is reiterated and submitted that informant, in the

          FIR, does not disclose that how she came to know that it were

          the accused persons including the petitioner who committed the

          occurrence. It is reiterated and submitted that petitioner is a

          person with clean antecedent and is a woman. It is further

          submitted that if the privilege of regular bail is granted to the

          petitioner, the petitioner will not abscond rather will cooperate

          in the trial to prove her innocence as charge-sheet has been

          submitted.

                       5. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioner.
           Patna High Court CR. MISC. No.15302 of 2026(2) dt.06-05-2026
                                                       3/3




                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.25,000/- (Rupees Twenty-Five Thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Trial Court where the case is pending in connection with

                     Sikty P.S. Case No. 165 of 2024.

                                  7. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioner, after her release on

                     bail, is trying to delay the framing of charge or after framing of

                     charge is trying to delay the trial of the case in any manner, the

                     learned Trial Court, in both the conditions, shall be at liberty to

                     cancel the bail bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.