Patna High Court
Fatma Begam @ Fatima BegamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the nature of the accusation warranted denial of relief.
Summary
The petitioner, Fatma Begam, sought anticipatory bail fearing arrest in a case registered under Sections 123, 103(1) and 3(5) of the B.N.S., 2023, alleging she poisoned her husband’s son after an extra‑marital affair. The informant claimed his son had previously filed a petition fearing his life was in danger from the petitioner. The High Court examined the seriousness of the allegations, including the alleged murder by poisoning, and considered the nature of the offence. Finding the accusations grave and the evidence indicative of a serious crime, the Court rejected the petition for anticipatory bail. Consequently, the petition was dismissed and the petitioner remains liable to arrest under the pending criminal case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged murder and related offences
Legislation cited
- B.N.S., 2023 — s. 103(1), 123, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- murder
- extra‑marital affair
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1900 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
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Fatma Begam @ Fatima Begam Daughter of Kitabuddin @ Kitabudin Miyan
Wife of Md. Mumtaj, R/O Mohl. - Dalsagar, P.S.- Buxar (I), District - Buxar,
presently reside at Village - Jamroadh, P.S.- Dinara, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Kumar Pandey
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends her arrest in a case,
registered for offence punishable under Sections 123, 103(1),
3(5) of the B.N.S., 2023.
3. The informant alleged that his son got married to
this petitioner and later, he came to know that this petitioner had
extra-marital affair with someone and due to this reason, on
20.08.2025, this petitioner killed informant’s son by poisoning.
Informant further alleged that 4 months prior to this incident, his
son (deceased) had also lodged one informatory petition
expressing apprehension that he might be killed by this
petitioner because of her illicit relation.
Patna High Court CR. MISC. No.1900 of 2026(2) dt.29-01-2026
2/2
4. Considering the nature of accusation, the prayer
for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay/-
U T
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