Patna High Court
Reshma KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed anticipatory bail to the petitioner subject to a bail bond and sureties under section 482(2) of the B.N.S.S.
Summary
The petitioner, Reshma Khatoon, sought anticipatory bail fearing arrest in Mirganj P.S. Case No. 08 of 2026, which alleged theft of jewellery and cash, and assault on the informant under several sections of the B.N.S. The prosecution’s case was based on the informant’s allegation that the petitioner and co‑accused stole valuables and later assaulted her when confronted. The petitioner’s counsel highlighted a 22‑day delay in lodging the FIR, the generic nature of the allegations, the informant’s simple injury, the familial relationship between petitioner and informant, and the petitioner’s clean record. The State, represented by the Additional Public Prosecutor, opposed the grant of anticipatory bail. After hearing both sides, the court held that anticipatory bail could be granted subject to a bail bond of Rs. 10,000 and two sureties, invoking its inherent powers under section 482(2) of the B.N.S.S. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the delay in filing the FIR
- Whether the allegations against the petitioner are specific enough to deny bail
Legislation cited
Subjects
- anticipatory bail
- delay in FIR
- theft
- assault
- section 482
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23647 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- MIRGANJ District- Gopalganj
======================================================
Reshma Khatoon W/O Mohammad Alam Shah @ Rabbe Alam Shah R/O
Village Fatehpur Zindapatti, P.S.- Mirganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rizwanul Jama Khan, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Mirganj P.S. Case No. 08 of 2026 dated
07.01.2026 registered for the offences punishable under Section
303(2), 126, 115, 109, 352, 351(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the informant alleged
that this petitioner along with co-accused Shabina Khatoon with
an intention to commit theft in her house opened her almirah
and took out gold, silver as well as diamond ornaments and cash
worth Rs. 25,000/- and when the informant reached her house
and opened her almirah she didn’t find the jewellery kept in it.
Thereafter, it is alleged that she started questioning the
petitioner and co-accused Shabina Khatoon, whereupon both of
Patna High Court CR. MISC. No.23647 of 2026(2) dt.22-04-2026
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them started abusing the informant. It is further alleged that in
the meantime other co-accused persons came and started
assaulting her with lathi and danda resulting into head injury. It
is further alleged that several times panchayati was convened,
but no settlement was done.
4. Learned counsel for the petitioner has submitted
that there is a delay of 22 days in lodging the FIR without any
plausible explanation and there is general and omnibus
allegation against the petitioner. Learned counsel for the
petitioner referring to Annexure-2 of this petition has submitted
that the injury sustained by the informant is simple in nature. It
has further been submitted that this petitioner and informant are
sister-in-law in relation and the petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Gopalganj in
Patna High Court CR. MISC. No.23647 of 2026(2) dt.22-04-2026
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connection with Mirganj P.S. Case No. 08 of 2026, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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