Patna High Court
Sayera Khatoon @ Sayara Khatoon @ SayaraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to bond and surety conditions.
Summary
The petitioners, who are the mother‑in‑law, father‑in‑law and brother‑in‑law of a deceased woman, applied for bail fearing arrest in a dowry‑death case (Raxaul P.S. Case No.448 of 2025) under Sections 80 and 3(5) of the Bihar Negotiable Sale Act, 2023. The prosecution alleges that the deceased was strangulated and hanged to appear as a suicide after dowry demands and cruelty. The petitioners contend that the marriage was a love marriage, there were no dowry demands, and the post‑mortem and forensic reports indicate death by suicidal hanging with no external injuries. The State argued that witnesses support the dowry‑death theory. The Court, noting the lack of incriminating material against the petitioners, the forensic findings of suicide, and their separate residence from the deceased, ordered that bail be granted subject to a bond and sureties, with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail can be granted to the petitioners in a dowry‑death case under Sections 80 and 3(5) of the BNS, 2023.
- Whether the post‑mortem and forensic reports indicating suicide negate the presumption of dowry‑related homicide.
- Whether the familial relationship of the petitioners to the deceased precludes their liability.
Legislation cited
- Bihar Negotiable Sale Act — s. 3(5), 482(2), 80
Subjects
- dowry death
- bail
- post‑mortem report
- suicide
- Section 80
- Section 3(5)
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23266 of 2026
Arising Out of PS. Case No.-448 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
1. Sayera Khatoon @ Sayara Khatoon @ Sayara W/o Akbar Miyan Resident of
Village - Hardiya, P.S. - Raxaul, Dist. - East Champaran.
2. Akbar Mian @ Akbar Miyan Son of Gaazi Miyan @ Gaji Miyan Resident of
Village - Hardiya, P.S. - Raxaul, Dist. - East Champaran.
3. Rahmat Miyan @ Sahmat Hawari @ Rahmat Hawari Son of Akbar Mian @
Akbar Miyan Resident of Village - Hardiya, P.S. - Raxaul, Dist. - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Harsha Saswat, Adv.
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 04-06-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State through virtual mode.
2. The petitioners apprehend their arrest in connection
with Raxaul P.S. Case No.448 of 2025 registered for the
offences punishable under Sections 80 and 3(5) of the BNS,
2023.
3. Based upon the written report, the prosecution
alleges that the daughter of the informant had solemnized a love
marriage with the son of petitioner nos. 1 and 2. Out of the said
wedlock, the couple also blessed with two children, aged about
four years and two-and-a-half years, respectively.It is further
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alleged that soon after the marriage, the daughter of the
informant was subjected to demands for dowry and, on account
of the non-fulfilment thereof, was subjected to cruelty and
harassment in various forms. The prosecution further alleges
that she was ultimately strangulated to death and, with a view to
portraying the occurrence as a case of suicide, the accused
persons allegedly hanged her from a ceiling fan.
4. Learned Advocate for the petitioners contended that
the deceased and her husband had been living a conjugal happy
married life separately from their family members. However, on
account of some trivial dispute between them, the deceased
committed suicide on a heat of rage. It is further contended that
petitioner no.1 happens to be mother-in-law, petitioner no. 2 is
the father-in-law and petitioner no.3 is the brother-in-law of the
deceased. During the course of investigation, no cogent material
has surfaced to indicate their involvement in the alleged demand
for dowry or in subjecting the deceased to cruelty. It is also
contended that the police sent the dead body for post-mortem
examination and the viscera was also forwarded to the Forensic
Science Laboratory for analysis. Prima facie, both the post-
mortem report and the FSL report suggest that the deceased died
as a result of suicidal hanging. It is further pointed out that no
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external ante-mortem injury was found on the body of the
deceased. Lastly, it is contended that since the marriage between
the deceased and her husband was a love marriage solemnized
out of mutual affection, there was no occasion for any demand
of dowry. It is submitted that, owing to certain matrimonial
discord between the husband and wife, the deceased, in a
moment of emotional distress, appears to have taken the
extreme step of ending her life.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
during the course of investigation, all the witnesses have
supported the prosecution case that the deceased was subjected
to demand of dowry and torture due to which either she
committed suicide or she was hanged.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that the petitioners are none else but the parents-in-
law and brother-in-law of the deceased and they have been
living separately from the deceased and her husband, besides the
postmortem report clearly suggests that it is a case of suicide by
hanging and there is no mark of external injuries as well as the
fair antecedent of the petitioners, let the above named
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petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 20,000/-
(Twenty thousand) each with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Motihari, East Champaran in connection with
Raxaul P.S. Case No.448 of 2025, subject to the condition as
laid down under Section 482(2) of the BNSS, with further
condition that one of the bailors shall be the own/close family
members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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