Patna High Court
Roshani Khatoon @ Soni KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that the petitioner is entitled to anticipatory bail and granted it subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Roshani Khatoon, sought anticipatory bail fearing arrest in a dowry‑death case (Shikarpur P.S. Case No.10/2026) alleged under Sections 80(2) and 3(5) of the Bharitya Nagrik Suraksha Sanhita. The prosecution alleged that the daughter of an informant was killed for non‑payment of dowry, and the petitioner was implicated as the sister‑in‑law of the deceased. The petitioner contended she lived separately, had no involvement in the family’s affairs, and possessed no criminal record, asserting false implication. The State opposed the bail application. After hearing both sides, the Court, applying Section 482(2) of the B.N.S.S., granted anticipatory bail on condition of a bail bond of Rs 10,000 and two sureties, subject to further conditions. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharitya Nagrik Suraksha Sanhita in the alleged dowry‑death case.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 3(5), 482(2), 80(2)
Subjects
- anticipatory bail
- dowry death
- Bharitya Nagrik Suraksha Sanhita
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34344 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Roshani Khatoon @ Soni Khatoon W/o Sarajul Ansari @ Merajul Ansari R/o
Village - Pokhariya, P.S.- Shikarpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending her arrest in
connection with Shikarpur P.S. Case No. 10/2026 registered for
the offence punishable under Sections 80(2) and 3(5) of the
BNS.
4. As per the prosecution case, the daughter of the
informant was done to death for non-fulfillment of demand of
dowry.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
this case. It has further been submitted that the petitioner is a
lady and happens to be the sister-in-law (Gotani) of the
Patna High Court CR. MISC. No.34344 of 2026(2) dt.19-05-2026
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deceased. It has also been submitted that the petitioner lived
separately and had no concern with the day-to-day affairs of the
deceased and her husband. Moreover, the petitioner herself is
the daughter-in-law of the family, and no presumption can be
drawn against her. Lastly, it has been submitted that the
petitioner has got no criminal antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of her
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
West Champaran, in connection with Shikarpur P.S. Case No.
10/2026 subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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