Bhikho Khatun @ Rahina Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44521 of 2026 Arising Out of PS. Case No.-914 Year-2010 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Bhikho Khatun @ Rahina Khatun W/O Md. Ibrahim R/O-Village- Laua Lagan West, Ward No. - 10, P.S.- Chausa, District - Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanjida Khatoon W/O Md. Ibrahim D/O Late Md. Dastagi, Resident of Vill.- Shahtola Jamalpur Bazar, P.S - Gogari, Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Shri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2026
1. Heard learned counsel for the petitioner and learned APP for the State, Shri Chandra Bhushan Prasad.
2. The learned A.P.P., at the outset, submits that from perusal of the anticipatory bail application, it would manifest that petitioner is seeking anticipatory bail in Complaint Case No. 914C of 2010, in which cognizance was taken under Sections 498A of the I.P.C. It is next submitted that after cognizance is taken, summons are issued and if petitioner based on summons appears before the learned Trial Court, the petitioner will not be arrested rather will join the proceedings before the learned Trial Court and for the said submission relies on an order of the Hon'ble Supreme Court in S.L.A. (Criminal)
Patna High Court CR. MISC. No.44521 of 2026(2) dt.27-07-2026 2/3 No.16221 of 2025 (Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the State of Jharkhand and another) disposed off by an order dated 23.04.2026 and relies on Paras-8, 9 and 10 of the said order.
3. Learned A.P.P. for the State next submits that complaint case is of the year 2010 and it might be a possibility that after summons non-bailable warrant or process under Section 82 and 83 Cr. P.C. might have been issued on which learned counsel appearing on behalf of the petitioner submits that till date in the aforesaid complaint case only summons have been issued.
4. The learned counsel appearing on behalf of the petitioner further submits that petitioner is alleged to be the second wife of the husband of the complainant and the said allegation is disputed, but then is not in a position to rebut the submission made by the learned counsel appearing on behalf of the State that since summons have been issued, the petitioner ought to have appeared before the learned Trial Court and joined the proceeding.
5. After hearing the learned counsel for the parties, the anticipatory bail application is disposed off with a liberty to the petitioner to appear before the learned Trial Court on or
Patna High Court CR. MISC. No.44521 of 2026(2) dt.27-07-2026 3/3 before 18.08.2026 with a copy of the order dated 23.04.2026 in S.L.A. (Criminal) No.16221 of 2025 (Om Prakash Chhawnika @ Om Prakash Chabnika @ Om Prakash Chawnika vs. the State of Jharkhand and another) and the learned Trial Court shall proceed strictly in accordance with the order of the Hon'ble Supreme Court.
6. However, it is made clear that if non-bailable warrant of arrest or process under 82 and 83 Cr. P.C. has been issued in that event the present order shall not be given effect to. (Satyavrat Verma, J) vikram/- U T