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Patna High Court

Jaiboon Nesh @ Murat Bano @ Jaiboon Nesha @ MuratversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding no material participation in the alleged murder.

Summary

The petitioner, Jaiboon Nesh (also known as Murat Bano), mother‑in‑law of a deceased woman, was arrested in connection with a murder case (Sahodra P.S. Case No.47 of 2025) alleged under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution alleged that the deceased’s husband, Sarforoddin Ansari, had killed her and that the petitioner had no role in the crime. The petitioner, represented by Advocate Brij Kishor Mishra, argued that the confessional statement of the husband implicated him as the sole perpetrator and that she was a woman in judicial custody since 21‑12‑2025. The State, through APP Choubey Jawahar, opposed bail. After hearing both sides, the Court found insufficient evidence of the petitioner’s involvement and ordered that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of the Judicial Magistrate‑1st Class, Bettiah. The bail was thus granted.

Issues considered

  • Whether the petitioner, alleged mother‑in‑law of the deceased, is entitled to bail in a case punishable under Sections 302, 201 and 34 IPC.
  • Whether the confessional statement of the accused husband sufficiently excludes the petitioner’s participation in the murder.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Section 302
  • Section 201
  • Section 34
  • high court
  • criminal procedure
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21103 of 2026
                  Arising Out of PS. Case No.-47 Year-2025 Thana- SAHODARA District- West Champaran
                 ======================================================
                 Jaiboon Nesh @ Murat Bano @ Jaiboon Nesha @ Murat wife of Ali
                 Mohammad Ansari Resident of village- Bhikhna Thori, Ps- Sahodra, Dist-
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sahodra P.S. Case No.47 of 2025 registered for the offence

                   punishable under Sections 302 & 201/34 of the Indian Penal

                   Code.

                                3. The case of the prosecution, in short, is that the

                   daughter of the informant was married to one Sarforoddin

                   Ansari. Uptill three and half years she was kept properly. The

                   daughter (deceased) of the informant called and disclosed to the

                   informant that the in-laws are assaulting her and after sometime,

                   the informant did not received the call of the deceased. In April

                   2025, there was marriage in the family of the informant but the
Patna High Court CR. MISC. No.21103 of 2026(2) dt.02-04-2026
                                            2/3




          deceased and her husband did not went there and when the

          informant went to the matrimonial house of the deceased, he

          was told that both have not arrived home from last two years.

          The neighbours also disclosed that they have not seen the

          daughter of the informant from last two years. The informant

          suspects that his daughter has been concealed somewhere.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that the petitioner is mother-in-law of

          the deceased. It has further been submitted that the confessional

          statement of Sarforoddin Ansari, husband of the deceased is the

          part of the FIR and from perusal of the confessional statement it

          will transpire that it is Sarforoddin who has killed the deceased.

          There is no role of this petitioner in killing the deceased.

          Learned counsel for the petitioner has submitted that the

          petitioner is a lady and she is in judicial custody since

          21.12.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
            Patna High Court CR. MISC. No.21103 of 2026(2) dt.02-04-2026
                                                        3/3




                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Judicial Magistrate- 1st Class, Bettiah, West Champaran in

                      connection with Sahodra P.S. Case No.47 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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