Patna High Court
Shaziya Khatoon @ Shaziya PraweenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and sureties.
Summary
The petitioner, Shaziya Khatoon, sister of a deceased man, was named in an FIR under Section 103 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 for alleged involvement in his murder, which she claims was actually a suicide stemming from a family property dispute. She contended that she was falsely implicated, lives separately in Nawada as a government teacher, and has a clean antecedent. The Additional Public Prosecutor opposed bail, while the petitioner’s counsel argued for her release on the basis of prima facie innocence and lack of prior criminal record. The court considered the factual submissions, her relationship to the deceased, and her clean record, and found sufficient grounds to grant bail. Accordingly, the court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the petitioner is entitled to bail under the circumstances of the FIR and alleged charges
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- false implication
- murder charge
- suicide
- property dispute
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10736 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Shaziya Khatoon @ Shaziya Praween, D/o Matloob Alam, R/o Village –
Bara, P.O. - Bara, P.S - Chakand, District – Gaya Jee, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending her arrest in connection with Chakand P.S.
Case No.262 of 2025 registered under Sections 103 read
with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. As per FIR, the husband of informant was
murdered by co-accused persons including this petitioner due
to family property dispute. The petitioner is the sister of the
deceased husband of the informant.
4. It is submitted by learned counsel appearing for
petitioner that petitioner has been falsely implicated with
Patna High Court CR. MISC. No.10736 of 2026(2) dt.23-02-2026
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present case, as she is the sister of deceased and was living
separately at Nawada, where she is working as a government
teacher. It is pointed out that in fact there was a matrimonial
discord between deceased and informant and out of which,
the deceased developed depression and due to that, after
coming to his home at Gaya, when on one occasion, some hot
discussion took place with informant over the phone, he
committed suicide. It is submitted that to save herself, the
informant after coming from Kolkata, implicated entire family
members without any reason under the garb of property
dispute. It is submitted that petitioner is a lady of clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie petitioner, who is the sister
of deceased claimed to live separately at his working place
Nawada, who is a lady of clean antecedent, accordingly, the
petitioner, above-named, in the event of her arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
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bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-V, Gaya in connection with Chakand P.S.
Case No.262 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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