Patna High Court
Md. Halim @ Halim MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners with specified conditions.
Summary
The petitioners, Md. Halim and Shabana Khatoon, father‑in‑law and mother‑in‑law of a deceased woman, applied for anticipatory bail in a dowry‑death case (Chakand P.S. Case No. 337 of 2025) where they were alleged to have participated in the torture and strangulation of the victim. The prosecution alleged that the petitioners, along with others, were involved in the crime, while the petitioners contended that they lived separately from the deceased and were not involved in her day‑to‑day affairs. The husband of the deceased, who is primarily accused of the murder, had already surrendered and was in custody with a charge‑sheet under Section 306 IPC. The court considered the fact that the principal accused was already in custody, the nature of the allegations, and the risk of the petitioners fleeing or tampering with evidence. It granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and compliance with conditions under Section 438 CrPC/Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC/Section 482(2) of the B.N.S.S. in a dowry‑death case.
- Whether the custody of the principal accused (the husband) affects the grant of bail to the petitioners.
- Whether the petitioners pose a risk of fleeing or interfering with the investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 306
Subjects
- anticipatory bail
- dowry death
- Section 306 IPC
- Section 438 CrPC
- bail conditions
- family members
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23452 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- CHAKAND District- Gaya
======================================================
1. Md. Halim @ Halim Mian S/O Late Md. Salim Resident Of Village - Piru
Bigha Police Station- Chakand in the District Gaya
2. Shabana Khatoon W/O Md. Halim @ Halim Mian Resident Of Village Piru
Bigha Police Station Chakand District Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the State : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Chakand P.S. Case No. 337 of 2025 in a case
registered for the offence punishable under Sections 80(2), 3(5)
of the BNS.
3. As per the prosecution case, the allegation against
the petitioners is that they, along with other co-accused persons,
mentally tortured the informant’s daughter and strangulated her
to death due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits at the
outset that the petitioners are father-in-law and mother-in-law of
Patna High Court CR. MISC. No.23452 of 2026(2) dt.18-04-2026
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the deceased and there are general and omnibus allegation
against them. The petitioners are said to be staying separate
from the deceased and her husband and are not concerned with
their day to day affairs. It has been stated in paragraph-8 of the
petition that the husband, who is primarily responsible for the
death of the wife, has already surrendered on 24.01.2025 and
since then he is in custody and charge-sheet against him has
been submitted under Section 306 of the IPC considering the
death as Asphyxia and shock caused due to hanging.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioners
are the father-in-law and mother-in-law of the deceased, the
husband is already in custody and charge-sheet has also been
submitted against him under Section 306 of the IPC, let the
above named petitioners, in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each 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
Patna High Court CR. MISC. No.23452 of 2026(2) dt.18-04-2026
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with Chakand P.S. Case No. 337 of 2025, subject to the
condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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