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Patna High Court

Md. Halim @ Halim MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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