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Patna High Court

Mamina KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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