Patna High Court
Jamila KhatoonversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to Jamila Khatoon but denied to Md. Mushtaque Alam and Md. Saif Alam.
Summary
The petitioners sought anticipatory bail in a case alleging dowry harassment, physical and mental cruelty, and assault on the petitioner and her minor daughter, with charges under several sections of the Bihar Negotiable Sale Act, 2023. The prosecution alleged that after the marriage, the petitioner was subjected to continuous cruelty and an attempt to outrage her modesty, resulting in injuries to her and her child. The petitioners contended that the allegations were false, stemming from a land dispute, and that the injuries were either minor or unsupported by medical evidence. The court, noting that petitioner No.1 (Jamila Khatoon) is a woman with no criminal antecedent and the allegations against her are not specifically substantiated, granted her anticipatory bail. However, petitioners No.2 and No.3 were specifically alleged to have participated in assault, leading the court to deny them anticipatory bail. The application was therefore partly allowed, granting bail to petitioner No.1 subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is a woman with no criminal antecedent.
- Whether anticipatory bail should be granted to the other petitioners who are specifically alleged to have committed assault.
Legislation cited
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- Section 438 CrPC
- Section 482 BNSS
- bail
- family dispute
- minor injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24121 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
1. Jamila Khatoon W/o- Late Kamaluddin Miyan @ Late Md. Kamal Alam
Resident of Village-Chhauda Bandh, Post- Bhadeya, P.S-Barachatti, Dist-
Gayaji
2. Md. Mushtaque Alam S/o- Late Kamaluddin Miyan @ Late Md. Kamal
Alam Resident of Village-Chhauda Bandh, Post- Bhadeya, P.S-Barachatti,
Dist-Gayaji
3. Md. Saif Alam S/o- Late Md. Kamaluddin Miyan @ Late Md. Kamal Alam
Resident of Village-Chhauda Bandh, Post- Bhadeya, P.S-Barachatti, Dist-
Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar
For the Opposite Party/s : Mr. Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Barachatti Police Station Case No. 175 of 2025,
disclosing offences under Sections 126(2), 115, 109, 117, 76,
352, 351(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, the informant
alleged that after her marriage in 2020, despite sufficient dowry
being given, she was subjected to continuous physical and
mental cruelty by her matrimonial family over further dowry
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demands. Upon resisting, she was abused, assaulted, and faced
an alleged attempt to outrage her modesty by the accused
persons, including her husband. It is further alleged that during
the incident, she and her husband were assaulted, and her minor
daughter sustained a fracture after being thrown. Both were
initially treated at Sadar Hospital, Barachatti, and later referred
to A.N.M.M.C.H., Gaya for better treatment.
4. Learned Counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
the present case due to an existing land dispute between close
family members. It is further submitted that the alleged injuries
attributed to the petitioners are simple in nature. The allegation
regarding injury to the minor child is also not supported by
medical evidence. It is also submitted that the case arises out of
a trivial family dispute, and allegations such as snatching of
valuables are baseless and ornamental. The allegations against
the petitioners are general and omnibus in nature, without any
specific overt act, and are not supported by credible evidence.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioner no. 1 is a lady having no criminal antecedent, I am
inclined to grant the petitioner no. 1 privilege of anticipatory
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bail.
6. Insofar as petitioner nos. 2 and 3 are concerned,
they are named in the FIR and there is specific allegation of
assault against them, accordingly, I am not inclined to grant
privilege of anticipatory bail to petitioner nos. 2 and 3.
Accordingly, the prayer for bail of petitioner nos. 2 and 3 is
rejected.
7. This application is partly allowed to the extent
indicated above.
8. Let the petitioner no. 1, above named, in the
event of his arrest or surrender before the Court below within
four weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-II, Sherghatti, Gaya, in connection with Barachatti
Police Station Case No. 175 of 2025, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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