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Patna High Court

DilkhushversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to petitioner No. 3, directing her release on bail with bond and sureties subject to Section 482(2).

Summary

The petitioners sought anticipatory bail in a criminal case (Sikti P.S. Case No. 197 of 2025) involving offences under Sections 115(2), 126, 109, 351(2), 252, 3(5) and 103 of the Bihar Negotiable Statutes, 2023. Petitioners 1 (Dilkhush) and 2 (Mahmad) withdrew their bail applications, leaving only petitioner 3, Nurjan Khatun, who is alleged to be a family member with no direct involvement in the fatal assault. The learned counsel argued that there is no prima facie case against her and highlighted her clean antecedent. The Additional Public Prosecutor opposed bail. The Court, noting the absence of any prima facie allegation against the petitioner and her clean record, ordered that she be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the Bihar Negotiable Statutes.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No. 3 in view of the lack of prima facie evidence against her.

Subjects

  • anticipatory bail
  • criminal procedure
  • Bihar Negotiable Statutes
  • prima facie
  • clean antecedent
  • family member liability
  • bail bond
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24400 of 2026
                          Arising Out of PS. Case No.-197 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
           1.     Dilkhush S/o Wahab R/o Village - Belguri, P.S - Sikti, District – Araria.
           2.    Mahmad @ Mamhad S/o Late Dolo R/o Village - Belguri, P.S - Sikti,
                 District – Araria.
           3.     Nurjan Khatun @ Noor Jahan Khatoon W/o Mahmad @ Mamhad R/o
                  Village - Belguri, P.S - Sikti, District – Araria.
                                                                              ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Baleshwar Kamat, Advocate
                 For the Opposite Party/s :         Mr.Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioners       and      learned       Additional        Public      Prosecutor

                   appearing on behalf of the State.

                                2. At the outset, it is submitted by learned counsel

                   appearing for the petitioners that he may be permitted to

                   withdraw the prayer of anticipatory bail for petitioner no. 1

                   namely, Dilkhush and petitioner no. 2, namely, Mahmad @

                   Mamhad for the present.

                                3. Request allowed.

                                4. Accordingly, the prayer of anticipatory bail of

                   above named petitioner nos. 1 and 2 stands dismissed as

                   withdrawn for the present.
Patna High Court CR. MISC. No.24400 of 2026(2) dt.23-04-2026
                                            2/3




                       5. Now, this petition survives only for petitioner no.

          3, namely, Nurjan Khatun @ Noor Jahan Khatoon.

                              6. The accused/petitioner apprehending her

          arrest in connection with Sikti P.S. Case No. 197 of 2025

          registered for the offences punishable under Sections

          115(2), 126, 109, 351(2), 252, 3(5) and 103 of BNS,

          2023.

                       7. As per FIR, one quarrel/altercation took place

          between the parents of two families due to quarrel of

          childrens, wherein mother-in-law of the informant was

          assaulted by one Dilkhush and Mahmad @ Mamhad by iron

          rod, subsequently she died. Assault alleged to be made on

          head and other body parts during the occurrence.

                       8. It is submitted by learned counsel appearing on

          behalf of the petitioner that the allegation to cause fatal

          assault is not available against this petitioner and she

          implicated only being family member. It is submitted that

          petitioner is a lady of clean antecedent.

                       9. Learned APP opposed the prayer of bail.

                       10. In view of aforesaid factual submissions and by
              Patna High Court CR. MISC. No.24400 of 2026(2) dt.23-04-2026
                                                          3/3




                        taking note of fact as prima facie allegation of fatal assault is

                        not available against this petitioner, who is a lady of clean

                        antecedent, accordingly, petitioner no. 3, namely, Nurjan

                        Khatun @ Noor Jahan Khatoon, in the event of her arrest or

                        surrender before the learned trial Court, within a period of

                        four weeks of the order, is directed to be released on bail

                        furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction

                        of the learned J.M. 1st Class, Araria/concerned Court, where

                        the case is pending in connection with Sikti P.S. Case No.

                        197 of 2025 subject to the conditions as laid down under

                        Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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