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2026 DAILYLAW 3164 (PAT)

Dilkhush v. The State of Bihar

CR. MISC./24400/2026 · 2026-04-23

Chandra Shekhar Jha

body2026

Judgment text

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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 Accordingly, the prayer of anticipatory bail of above named petitioner nos. 1 and 2 stands dismissed as withdrawn for the present.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. veena/- (Chandra Shekhar Jha, J) U T