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Madhya Pradesh High Court
Malkhan Patel vs The State Of Madhya Pradesh on 20 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2026:MPHC-JBP:14755
1 MCRC-8053-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8053 of 2026
MALKHAN PATEL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Gourav Singh Thakur, learned counsel for the applicant.
Shri Naveen Thakur, learned counsel for the respondent/state.
ORDER
This is first application under Section 482 of BNSS in crime
No.09/2026 registered at Police Station- Hatta District Damoh under Section
of 296(B), 115(2), 326 (G), 324 (4), 351 (2) of B.N.S.
2. The prosecution story is that the complainant Rambai Patel
lodged a report stating that about two months ago, her husband accused
Malkhan sold two acres of ancestral land and kept the money with himself,
spending it on his friends and when she objected, he quarrelled and ran away
to Damoh or Sagar. On 08.01.2025 at around 04 in the evening, the accused
came home from Sagar and after abusing her and her son Sandeep with filthy
words, threatened to sell the entire property and set the house on fire. She
and her son tried to reason with the accused, but the accused picked up a
stone and hit her in the waist, causing her to fall to the ground. While
Sandeep was trying to lift her up, the accused grabbed an iron rodand ran to
NEUTRAL CITATION NO. 2026:MPHC-JBP:14755
2 MCRC-8053-2026
hit Sandeep. Abhilasha, the daughter-in-law, intervened and grabbed the rod,
but the tip of the rod hit Sandeep near the ankle and on his left foot, causing
bleeding. The accused then brought petrol in a water bottle from his
motorcycle, sprinkled it around thehouse, and set it on fire, due to which the
household items, including linens, clothing, blankets, and quilts, were all
ablaze. The accused had smashed everything in the house, including the
dressing table, sewing machine, and Godrej cupboard, with the iron rod,
causing damage estimated at Rs.7,40,000. It is alleged by the prosecution that
the applicant/accused assaulted his wife and son and attempted to set his own
house on fire by pouring petrol, resulting in the burning of household
clothing.
3. Learned counsel for the applicant submits that as per the
prosecution case because of the quarrel, the applicant had set fire his own
house.
4. Learned counsel for the respondent/State opposes the prayer.
5. After hearing learned counsel for the parties and considering the
entire facts and evidence of the case, prima facie this Court finds that it is a
fit case in which the applicant is entitled for grant of anticipatory bail.
6. It is directed that in the event of arrest, applicant Malkhan
Patel shall be released on bail on furnishing a personal bond in a sum of
Rs.50,000/- (Rs. Fifty thousand Only) with one surety in the like amount to
the satisfaction of arresting officer.
7. Applicant shall abide by the following conditions under Section
482 (2) of B.N.S.S.:-
NEUTRAL CITATION NO. 2026:MPHC-JBP:14755
3 MCRC-8053-2026
(a) Applicant shall make themselves available for interrogation by
a Police Officer as and when required;
(b) He shall not, directly or indirectly, make any inducement,
threat or promise to complainant or witnesses;
(c) He shall not leave India without the previous permission of
the Court;
(d) He shall not commit similar offence, of which, he is accused or
suspected.
(e) He will further abide by the condition enumerated in sub-
section (3) of Section 480 of the B.N.S.S.
8. With the aforesaid, the application is allowed and disposed of.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
