Patna High Court
Afrida KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Since the deceased had committed suicide, the petitioner is entitled to regular bail.
Summary
Afrida Khatoon, the mother‑in‑law of a deceased, was arrested in a murder case under Sections 80(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged she participated in the killing, but the investigation revealed that the deceased had committed suicide and the door was broken before the body and a one‑month‑old child were removed. The petitioner, who has been in custody since 17‑01‑2026 and has a clean record, applied for regular bail. The court examined the material and, noting the suicide finding, concluded that there was no prima facie case against the petitioner. Accordingly, the court granted regular bail on a bond of Rs.10,000 with two sureties, emphasizing that the observation is only for bail purposes and does not prejudice the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the investigation indicating suicide of the deceased.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 61(2), 80(2)
Subjects
- regular bail
- suicide
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 80
- Section 61
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20905 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Afrida Khatoon wife of Md. Jahirul @ Shekh Jahiral Resident of village -
Maulaganj , P. S - Tariyani, District - Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar
For the Opposite Party/s : Ms. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Tariyani P.S. Case No. 11 of 2026 registered for the offence
under Section(s) 80(2) and 61(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is the
mother-in-law of the deceased. She is alleged to have killed the
deceased along with other family members.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 17.01.2026 and has clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.20905 of 2026(2) dt.02-04-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. From the materials
collected during investigation, it has come that the deceased has
committed suicide and the door was broken after which the dead
body and the one-month-old child were taken out.
7. Considering the aforesaid facts and circumstances
and the fact that the deceased had committed suicide, this
application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Tariyani P.S. Case
No. 11 of 2026.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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