Patna High Court
Bibi Julekha @ Julekha khatoonversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Police have no power to arrest in a private complaint except under Section 87 CrPC, rendering anticipatory bail not maintainable.
Summary
The petitioners, Bibi Julekha and Md Mazuddin, were named in an FIR for offences under Sections 420, 467 and 468 of the IPC arising from a private complaint related to a land dispute. They sought anticipatory bail, arguing that they might be arrested. The Court examined the Supreme Court’s decision in Om Prakash Chhawnika v. State of Jharkhand (2026 SCC OnLine SC 676), which held that police have no power to arrest in a private complaint except under the limited exception of Section 87 of the CrPC. Since no such exception applied, there was no apprehension of arrest. Consequently, the Court rejected the petition for anticipatory bail as not maintainable. The petition was dismissed.
Issues considered
- Whether anticipatory bail can be granted in a private complaint where police lack arrest power under the CrPC.
- Whether the petitioners face apprehension of arrest in the present case.
Legislation cited
- Criminal Procedure Code — s. 87
- Indian Penal Code — s. 420, 467, 468
Subjects
- anticipatory bail
- private complaint
- land dispute
- police arrest power
- Section 87 CrPC
- IPC Section 420
- IPC Section 467
- IPC Section 468
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55606 of 2025
Arising Out of PS. Case No.-2107 Year-2022 Thana- COMPLAINT CASE District- Araria
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1. Bibi Julekha @ Julekha khatoon W/O Mazuddin @ Tuntun R/O Vill.-
Kamaldaha, Ward no. 4, P.S.- Kursankta, Dist.- Araria.
2. Md. Mazuddin @ Mazuddin @ Tuntun S/O Late Sobrati R/O Vill.-
Kamaldaha, Ward no. 4, P.S.- Kursankta, Dist.- Araria. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Sk. Tabarak Hussain S/O Late Sk. Ataful R/O Vill.- Kamaldaha, P.S.-
Kursankta, Dist.- Araria. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv
For the Opposite Party/s : Mr. Rajiv Nayan, APP
For the OP No. 2 : Mr. Rohit Kumar, Adv
: Mr. Sanjay Kr. Sharma, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
8 30-06-2026 Heard the parties.
2. Both petitioners are named in the F.I.R. and
apprehending their arrest in connection with Complaint Case No.
2107/2022 registered for the offences punishable under Sections 420,
467 and 468 of the Indian Penal Code.
3. It is a private complaint arising out of land dispute,
where summon was issued by the Court.
4. Considering the legal ratio of Hon’ble Supreme Court
as available through Om Prakash Chhawnika @ Om Prakash
Chabnika Vs. State of Jharkhand and Another, [2026 SCC
OnLine SC 676], as police has no power to arrest in the case of
private complaint subject to exception of Section 87 of the Cr.P.C.,
accordingly the prayer of anticipatory bail as preferred by these
petitioners stands rejected being not maintainable in want of
apprehension of arrest.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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