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Patna High Court

Hadisha KhatoonversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted bail to petitioners 1 and 7‑10 subject to surrender within four weeks and compliance with bail bond conditions.

Summary

The petitioners, members of the same family, were accused of murdering the informant’s sister, allegedly by assault with lathi and danda, though the post‑mortem indicated death by hanging. Petitioners 2‑6 withdrew their bail application and sought regular bail, which the court permitted. The remaining petitioners (1 and 7‑10) faced charges under Sections 85, 103, 351(2), 352/3(5) of the Bharatiya Nagarik Suraksha Sanhita and Section 3 of the Dowry Prohibition Act, with the State opposing bail. The court noted that the allegations were general and omnibus and that the presumption under Section 80 of the BNSS did not apply because the death occurred after ten years of marriage. Considering the circumstances, the court ordered that petitioners 1 and 7‑10 be released on bail if they surrender within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to petitioners 1 and 7‑10 despite charges of murder, dowry harassment and other offences under the BNSS and Dowry Prohibition Act.
  • Whether the presumption of culpability under Section 80 of the BNSS is attracted in this case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • presumption of culpability
  • murder
  • dowry prohibition
  • omnibus allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.24780 of 2026
                   Arising Out of PS. Case No.-95 Year-2025 Thana- MANPUR District- West Champaran
                 ======================================================
           1.     Hadisha Khatoon W/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West
                  Champaran
           2.    Sakim Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West
                 Champaran
           3.    Bhulan Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West
                 Champaran
           4.    Mokim Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West
                 Champaran
           5.    Rojid Miyan S/o- Ahmad Miyan R/v- Laukar Ps- Manpur Dist- West
                 Champaran
           6.    Anjarul Miyan @ Anjarul Alam S/o- Ahmad Miyan R/v- Laukar Ps- Manpur
                 Dist- West Champaran
           7.    Vigan Khatoon W/o- Sakim Miyan R/v- Laukar Ps- Manpur Dist- West
                 Champaran
           8.    Salma Khatoon W/o- Mokim Miyan R/v- Laukar Ps- Manpur Dist- West
                 Champaran
           9.    Khushboon Khatoon W/o- Bhulan Miyan R/v- Laukar Ps- Manpur Dist-
                 West Champaran
           10. Moriyam Khatoon W/o- Rojid Miyan R/v- Laukar Ps- Manpur Dist- West
                Champaran
                                                                    ... ... Petitioners.
                                            Versus
               The State of Bihar.                           ... ... Opposite Party.
               ======================================================
                 Appearance :
                 For the Petitioners     :       Ms. Harsha Shaswat, Advocate
                                                 Mr. Sharad Kumar Verma, Advocate
                 For the State           :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026                     Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. At the very outset, Ms. Harsha Shaswat, learned

                   counsel for the petitioners, seeks permission to withdraw this

                   application with regard to petitioner nos.2 to 6 to surrender
Patna High Court CR. MISC. No.24780 of 2026(2) dt.30-04-2026
                                            2/3




          before the learned Court below and seek regular bail.

                       3. Permission is accorded.

                       4. Accordingly, this application is dismissed as

          withdrawn with regard to petitioner nos.2 to 6. However, if they

          surrender before the learned Court below and seek regular bail,

          the same would be considered on their own merits without being

          prejudiced by this withdrawal order.

                       5. Now, this application survives only for petitioner

          nos.1 and 7 to 10.

                       6. The petitioner nos.1 and 7 to 10 apprehend their

          arrest in a case registered for the offences punishable under

          Sections 85, 103, 351(2), 352/3(5) of the B.N.S. and Section ¾

          of the Dowry Prohibition Act.

                     7. The sister of the informant is said to have been killed

          by the petitioners by assaulting her by means of lathi and danda.

                    8. It is submitted by learned counsel for the petitioners

          that so far as these petitioners i.e. petitioner nos.1 and 7 to 10

          are concerned, they are all family members and there are

          general and omnibus allegations of causing death of the

          deceased. However, it is pointed out that in the postmortem

          report, the cause of death is shown as asphyxia due to hanging.

          There is specific assertion in para-10 of the petition that the

          husband of the deceased, Hakim Miyan is in custody since
            Patna High Court CR. MISC. No.24780 of 2026(2) dt.30-04-2026
                                                        3/3




                      17.02.2026, who is primarily responsible for welfare of his

                      wife and the present case is one under Section 103 B.N.S. and

                      not under Section 80 of the B.N.S. as the death has occurred

                      after 10 years of marriage, hence presumption clause is not

                      attracted.

                             9. Learned APP for the State opposed the prayer for bail.

                            10 . Taking into consideration the facts and circumstances

                      of the case and also considering the fact that the allegations

                      against petitioner nos.1 and 7 to 10 are general and omnibus in

                      nature, let the above named petitioner nos.1 and 7 to 10, 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.10,000/- (Rupees Ten

                      Thousand) each with two sureties of the like amount each to

                      the satisfaction of the learned lower Court where the case is

                      pending/successor Court in connection with Manpur P.S. Case

                      No.95 of 2025, subject to the condition as laid down under

                      Section 438 (2) of the Cr.P.C/482 (2) of the Bharatiya Nagarik

                      Suraksha Sanhita (BNSS), 2023.

                                                               (Soni Shrivastava, J)

Trivedi/-
U       T


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