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Patna High Court

Kuresha Khatoon @ Koraisa KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted as the petitioner is not specifically implicated and has no antecedent, granting bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Kuresha Khatoon, sought anticipatory bail fearing arrest in a dowry‑death case (PS Case No. 06 of 2024) filed under IPC sections 304B, 498A and 201. The prosecution alleged that the deceased was killed by her husband and in‑laws for non‑payment of dowry, but made no specific allegation against the petitioner, who is the deceased's sister‑in‑law and has no criminal record. The petitioner’s counsel argued that the charges against her are general, omnibus and that she is separate from the accused husband, who had already been granted regular bail. The State opposed the bail. The High Court, after considering the lack of specific incrimination and the petitioner’s clean antecedent, ordered anticipatory bail on furnishing a bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving IPC sections 304B, 498A and 201.
  • Whether the allegations against the petitioner are sufficiently specific to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC 304B
  • IPC 498A
  • IPC 201
  • Bharatiya Nagarik Suraksha Sanhita
  • bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12460 of 2026
                  Arising Out of PS. Case No.-6 Year-2024 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Kuresha Khatoon @ Koraisa Khatoon Daughter of Md. Jameer Nadaf
                 Resident of Village- Galma Police Station -Ghanshyampur District
                 -Darbhanga
                                                                  ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.     Raushan Khatoon Wife of Md. Shamim Nadaf Resident of Village- Baur,
                  Post- Rasiyari, Ps- Ghanshyampur, Dist- Darbhanga
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Ghanshyampur P.S. Case No. 06 of 2024, registered under

                   Sections 304(B), 498(A) and 201 of the Indian Penal Code.

                                3. The prosecution case, in short, is that daughter of

                   the informant has been done to death by her husband and in-

                   laws for non-fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner also submitted

                   that the petitioner is the sister-in-law of the deceased. No

                   specific allegation has been attributed against the petitioner
             Patna High Court CR. MISC. No.12460 of 2026(2) dt.25-02-2026
                                                         2/2




                       rather the same is general and omnibus in nature. It is next

                       submitted that the petitioner is separate in mess and business

                       from the husband of the deceased. The petitioner has got no

                       criminal antecedent. Learned counsel for the petitioner further

                       submits that husband of the deceased has been granted regular

                       bail by this Court vide order dated 24.06.2025 passed in Cr.

                       Misc. No. 16883 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Ghanshyampur P.S.

                       Case No. 06 of 2024, subject to the conditions as laid down

                       under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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