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Patna High Court

Shairun Nisha @ Sairun NeshaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail as there is no specific allegation against her and she has a clean antecedent.

Summary

The petitioner, Shairun Nisha, mother‑in‑law of a deceased woman, sought bail fearing arrest in a case registered under sections 80 and 85 of the Bihar Negotiable Substances Act (BNS). The prosecution alleged that the deceased was married to Naushad Alam and was subsequently tortured and killed by the petitioner and other accused. The petitioner contended that she had no involvement, was a separate owner of property, and that the primary accusation was against the husband, who had already been released on bail. The State opposed the bail application. The Court, after considering the lack of specific allegations against the petitioner and her clean antecedents, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS 2023. The bail order was conditioned on surrender within eight weeks.

Issues considered

  • Whether the petitioner, a mother‑in‑law, is liable to be arrested under sections 80 and 85 of BNS.
  • Whether bail should be granted to the petitioner in view of the allegations and her clean antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • sections 80
  • section 85
  • section 482
  • over‑implication
  • mother‑in‑law
  • homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1254 of 2026
                 Arising Out of PS. Case No.-160 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Shairun Nisha @ Sairun Nesha Wife of Abdul Gani R/O Village-
                 Mohammadpur, P.S.- Mohammadpur, District- Gopalganj

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Thakur, Advocate
                                          :     Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :     Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   22-06-2026                          Heard learned counsel for the petitioner and the

                   State .

                                 2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 80 and 85 of BNS.

                                 3 . As per the prosecution case, informant alleged that

                   her daughter was married to co-accused Naushad Alam in the

                   year 2020. After marriage, she had gone to her matrimonial

                   house, where this petitioner along with other accused persons

                   used to torture and harass the daughter of informant and

                   ultimately all the accused persons killed her.

                                 4. Petitioner is mother-in -law of the deceased. She is

                   simply victim of over implications. She is separate in mess and

                   property. There is no specific allegation is alleged against her
          Patna High Court CR. MISC. No.1254 of 2026(5) dt.22-06-2026
                                                      2/2




                    and she has got no concern with the affairs of the couple .

                    Thrust of accusation is against the husband of the deceased who

                    has already been released on bail by Co-ordinate Bench of this

                    Hon’ble Court vide order dated 23.04.2026 in Cr. Misc. No.

                    3062 of 2026. Petitioner claims clean antecedent.

                                 5 . Learned counsel for the State opposes the bail

                    petition .

                                 6. Considering the aforesaid facts and circumstances

                    of the case, in the event of arrest or surrender within eight

                    weeks from today, let this petitioner, as named above, be

                    enlarged on bail on furnishing bail bond of Rs.10,000/-(ten

                    thousand) with two sureties of the like amount each to the

                    satisfaction of the learned Chief Judicial Magistrate , Gopalganj

                    in connection with Mohammadpur PS Case No. 160 of 2025 ,

                    subject to the conditions laid down under section 482 ( 2 ) of

                    BNSS 2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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