Patna High Court
Kashmira Khatoon @ KashmiraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to the petitioner.
Summary
Kashmira Khatoon, the mother‑in‑law of a deceased woman, was charged under Sections 103(1), 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged dowry harassment that led to the victim's death. The petitioner contended that the allegations were vague, that she had no involvement in the matrimonial dispute, and that she was implicated merely because of her familial relationship. The prosecution’s case relied on witness depositions stating that the petitioner informed the victim’s family about the incident and was present at the house at the relevant time. The petitioner argued she had no criminal antecedents and had been in custody since September 2024. After hearing both sides, the Court held that bail should be granted, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner under the Bharatiya Nyaya Sanhita, 2023?
- Do the allegations and evidence against the petitioner justify denial of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2), 80(2)
Subjects
- dowry harassment
- regular bail
- Bharatiya Nyaya Sanhita
- Section 103
- Section 80
- Section 61
- Section 3
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1848 of 2026
Arising Out of PS. Case No.-260 Year-2024 Thana- POTHIYA District- Kishanganj
======================================================
Kashmira Khatoon @ Kashmira W/O Mangala @ Mansoor Resident of
village - Goljhar (Nayabasti), P.S- Pothia, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abdul Manan Khan, Advocate
Mr. Vivek Raj, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Pothia P.S. Case
No. 260 of 2024 dated 07.09.2024, registered under Sections
103(1), 80(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the FIR, the informant’s sister was married
to the petitioner’s son about two years prior to the occurrence. It
is alleged that after the marriage, the petitioner and other co-
accused are alleged to have harassed her for demand of dowry.
On 06.09.2024, the informant’s sister informed him by the
phone that she was being tortured and threatened with death. On
the next morning, the informant was informed by the petitioner
Patna High Court CR. MISC. No.1848 of 2026(3) dt.24-02-2026
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that his sister had died.
4.Learned counsel for the petitioner submits that the
petitioner is innocent and she has been falsely implicated in the
present case. It is further submitted that the allegations levelled
against the petitioner and other family members are vague,
general and omnibus in nature. No specific or overt act has been
attributed to the petitioner or other family members. It is further
submitted that the deceased and her husband were living
separately in mess and worship from the petitioner and,
therefore, the petitioner had no concern with the matrimonial
affairs or disputes between the deceased and her husband. The
petitioner has been named as an accused merely due to her
status as the mother-in-law of the deceased. During the course
of arguments, learned counsel produced photocopies of the
depositions of the prosecution witnesses and submitted that
during the trial, altogether seven witnesses have been examined
and they have all stated unequivocally that the petitioner herself
informed the informant’s family about the occurrence. It has
further come in evidence that the petitioner remained present in
the house at the relevant time whereas, the other family
members were not present at the place of occurrence. The
petitioner demonstrated fair conduct by promptly apprising the
Patna High Court CR. MISC. No.1848 of 2026(3) dt.24-02-2026
3/3
parents of the deceased of the occurrence. Lastly, it is submitted
that the petitioner has been in custody since 08.09.2024 and has
no criminal antecedents.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Court of Sessions Judge
Kishanganj, in connection with Pothia P.S. Case No. 260 of
2024, Sessions Trial No. 226 of 2024.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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