Patna High Court
Farjana Khatoon @ Farsan KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Farjana Khatoon, mother‑in‑law of the deceased Rehana Khatoon, was arrested in connection with a dowry‑death case (Sections 304B, 498A and 34 IPC and Sections 3/4 Dowry Prohibition Act). She filed a petition for regular bail, claiming innocence, lack of specific evidence against her, and no prior criminal record. The State opposed the bail. The Court examined the nature of the allegations, noting they were general and primarily directed at the husband, and considered the petitioner’s custodial period since February 2026. Finding no compelling reason to deny bail, the Court ordered her release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Sub‑Divisional Judicial Magistrate, Udakishunganj, Madhepura.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under Sections 304B, 498A, 34 IPC and Sections 3/4 of the Dowry Prohibition Act.
- Whether the allegations against the petitioner are sufficiently specific to justify denial of bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34, 498A
Subjects
- bail
- dowry death
- IPC
- Dowry Prohibition Act
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31016 of 2026
Arising Out of PS. Case No.-151 Year-2024 Thana- GWALPARA District- Madhepura
======================================================
Farjana Khatoon @ Farsan Khatoon W/o Md. Jannat Sah R/o Village- Resna
Ward No.3, P.S- Arar, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with a case registered for the offences punishable
under Sections 304B, 498A and 34 of the Indian Penal Code and
Section 3/4 of the Dowry Prohibition Act.
3. The prosecution case, in brief, is that one Rehana
Khatoon was found hanging from the roof with her dupatta in
her matrimonial house. The said information was received at
Ara Police Station on 03.06.2024 at about 01:00 P.M.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has further been submitted that the allegation
against the petitioner is that the deceased was subjected to
Patna High Court CR. MISC. No.31016 of 2026(2) dt.11-05-2026
2/2
cruelty on account of non-fulfillment of dowry demand.
Learned counsel further submits that the petitioner is the
mother-in-law of the deceased and the allegations against her
are general and omnibus in nature. The main thrust of the
allegation is against the husband of the deceased. It is also
submitted that the petitioner is languishing in judicial custody
since 12.02.2026 and has no criminal antecedent.
5. Learned APP appearing for the State has opposed
the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. Accordingly, the above-named petitioner is directed to be
released on bail in connection with Gwalpara P.S. Case No. 151
of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub-Divisional Judicial Magistrate,
Udakishunganj, Madhepura.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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