Patna High Court

Samina KhatoonversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Samina Khatoon, mother‑in‑law of a deceased woman, was arrested in connection with a dowry‑related case (PS‑231/2025) alleging mental and physical torture of the informant’s daughter, leading to her suicide. She was charged under Sections 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner pleaded innocence, asserted she had no involvement in the family affairs, had no prior criminal record, and highlighted that a co‑accused had already been granted regular bail. The State opposed the bail application. Considering the facts, the period of custody already served, and the lack of antecedents, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Sections 80, 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged dowry‑related offences and the circumstances of the case.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80, 85

Subjects

bail
dowry harassment
suicide
Bharatiya Nyaya Sanhita
criminal procedure
Section 80
Section 85
Section 3(5)
mother‑in‑law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2463 of 2026
                     Arising Out of PS. Case No.-231 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Samina Khatoon W/o Mansoor Ansari @ Mansoor Alam Resident of Village-
                 Jalwa Toli, P.S.- Dumariya Ghat, Dist.- East Champaran, Motihari
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Vikram, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Dumariya Ghat P.S. Case No. 231 of 2025, instituted for the

                   offences punishable under Sections 80, 85 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

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

                   along with other co-accused persons are alleged to have tortured

                   the informant’s daughter mentally and physically due to non-

                   fulfillment of demand of dowry and thereafter she committed

                   suicide.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case.

                   Learned counsel for the petitioner also submitted that the
             Patna High Court CR. MISC. No.2463 of 2026(2) dt.02-02-2026
                                                         2/2




                       petitioner is mother-in-law of the deceased and she has got no

                       concern with the family affairs of the deceased. It is next

                       submitted that the deceased has committed suicide. The

                       petitioner is separate in mess and business from the husband of

                       the deceased. The petitioner is in custody since 24.10.2025 and

                       has got no criminal antecedent. Learned counsel for the

                       petitioner further submits that other co-accused has been granted

                       regular bail by a Co-ordinate Bench of this Court vide order

                       dated 01.12.2025 passed in Cr. Misc. No. 80077 of 2025.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and taking into account the period of custody

                       undergone by the petitioner, this Court is inclined to grant bail

                       to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Dumariya Ghat P.S.

                       Case No. 231 of 2025.


                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-
U      T

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