Patna High Court
Saibun Khatun @ Saibun BibiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the offence is grave and serious.
Summary
Saibun Khatun applied for anticipatory bail after being implicated in a dowry‑related murder case (Simultalla P.S. Case No. 68 of 2025) under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that she, along with others, killed her daughter‑in‑law for refusing to meet a dowry demand. The High Court examined whether the seriousness of the offence warranted the grant of anticipatory bail. Considering the gravity of the alleged murder and the nature of the dowry‑death offence, the Court declined to extend anticipatory bail. However, the Court directed the petitioner to surrender within two weeks and seek regular bail, emphasizing that the order is limited to the present application and does not prejudice future proceedings.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry‑related murder under the Bharatiya Nyaya Sanhita
- Whether the seriousness of the offences under Sections 103(1), 61(2) and 3(5) precludes the grant of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- anticipatory bail
- dowry death
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37203 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- SIMULTALLA District- Jamui
======================================================
Saibun Khatun @ Saibun Bibi W/O Nasruddin Ansari Resident of Village-
Piradih (Kanaudi), PO and P.S.- Simultalla, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha
For the Opposite Party/s : Ms. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Simultalla P.S. Case No. 68 of 2025 registered for offences
under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner along
with others is accused of killing her daughter-in-law due to non-
fulfillment of a dowry demand.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
Patna High Court CR. MISC. No.37203 of 2026(2) dt.15-06-2026
2/2
hereby rejected.
6. However, the petitioner may surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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