Patna High Court
Kuresha Khatoon @ Koraisa KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 201, 304B, 498A
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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