Patna High Court
Mamina KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioners are entitled to bail under Section 438(2) CrPC and Section 482(2) BNSS despite the delay and alleged false complaint.
Summary
The petitioners, Mamina Khatoon, Saleya Khatoon and Sheikh Jokhu, were named in an FIR under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting a complainant with an iron rod and knife, causing grievous injuries. The FIR was lodged on 8 February 2026 based on a complaint filed on 7 February 2026, although the alleged incident occurred in December 2024, indicating a two‑year delay. The petitioners contended that the complaint was false and filed as a retaliatory measure against a prior case they had lodged. The State could not dispute the delay, and the injury report was prepared by a private doctor. The court, considering the delay, the alleged false nature of the complaint, and the petitioners' clean antecedents, directed that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the two‑year delay between the alleged offence and the filing of the complaint justifies denial of bail.
- Whether the FIR based on a delayed complaint is sufficient to sustain pre‑trial detention.
- Whether the petitioners are entitled to bail under Section 438(2) CrPC and Section 482(2) BNSS despite the alleged false complaint.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 308(4), 308(5), 351(2) read with 3(5), 352, 482(2), 61(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- delay in filing complaint
- false complaint
- assault
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40779 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Mamina Khatoon, D/o Sheikh Jokhu
2. Saleya Khatoon, W/o Shiekh Jokhu
3. Shiekh Jokhu, S/o Shiekh Shahbaz
All are R/o Village- Jalaha, P.S.- Sangrampur, District- East Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with
Sangrampur P.S. Case No.44 of 2026 registered under
Sections 126(2), 115(2), 118(1), 109, 308(5), 308(4),
61(2), 303(2), 352, 351(2) read with 3(5) of the Bhartiya
Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, which is based upon Complaint
Case No.2986 of 2024 filed on 06.02.2026, wherein the
petitioners were alleged to assault the complainant/informant
Patna High Court CR. MISC. No.40779 of 2026(2) dt.24-06-2026
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by using iron rod and knife causing head and bodily injuries,
where occurrence alleged to be arising out of previous
enmity.
4. It is submitted by learned counsel appearing for
petitioners that earlier a criminal case i.e. Sangrampur P.S.
Case No.358 of 2024 was lodged by petitioners’ side against
the informant and others and to counter the same, the
present case was lodged as an afterthought after about two
years. It is submitted that showing the occurrence of year
2024, the present false complaint was filed on 07.02.2026
only on the basis of which, the present FIR was lodged on
08.02.2026. It is submitted that the injury report submitted
by a private doctor as to aggravate the allegation, where the
injury is alleged to be caused by sharp object, where one of
the injuries i.e. head injury, opined as grievous. It is
submitted that all petitioners are of clean antecedent.
5. Learned APP while opposing the prayer of bail
could not disputed the aforesaid delay and the complaint
which was shown of year 2024, in actual was filed in 2026.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.40779 of 2026(2) dt.24-06-2026
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taking note of fact as the FIR in issue was lodged on the
basis of complaint, which was filed in February, 2026 for
the occurrence, which took place in December, 2024, where
injury report was obtained from a private doctor,
accordingly, all above-named three petitioners, in the event
of their arrest or surrender in the court below within a period
of four weeks, are directed to be released on bail, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned J.M.F.C., East Champaran,
Motihari in connection with Sangrampur P.S. Case No.44 of
2026, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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