Patna High Court
Naziya KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, finding that only suspicion existed against them and the primary allegation was against their daughter-in-law.
Summary
The petitioners, Naziya Khatoon and Kitabuddin Ansari, were named in an FIR for alleged involvement in the murder of an informant's son, alleged to have been carried out by their daughter-in-law through poisoning. The petitioners argued that the only substantive allegation was against the daughter-in-law and that they were implicated merely as parents, with no evidence beyond suspicion. The Additional Public Prosecutor opposed bail, citing the FIR under Sections 123 and 103(1) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. The court observed that the thrust of the case lay against the daughter-in-law and, on the basis of mere suspicion, found no material to justify continued detention of the petitioners. Consequently, the court ordered their release on bail, subject to a bond of Rs.10,000 with two sureties each and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nyaya Sanhita.
Issues considered
- What is the appropriate basis for granting bail to petitioners who are implicated only by suspicion in a murder case?
- Whether the allegations against the petitioners, who are merely parents of the alleged conspirator, warrant continued detention?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 123, 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- suspicion
- conspiracy
- murder
- Bhartiya Nyaya Sanhita
- CrPC
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40218 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
1. Naziya Khatoon, W/o Kitabuddin Ansari,
2. Kitabuddin Ansari, S/o Niamudeen Miyan
Both are R/o Village- Jamroad, P.S.- Dinara, District- Rohtas at Sasaram
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Buxar
(Ind.) P.S. Case No.204 of 2025 registered under Sections
123 and 103(1) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, the petitioners were suspected to
kill the son of the informant under conspiracy of their
daughter, who is none but the wife of the deceased after
administering poison through food, as she was in extra-
marital affairs with one Mohamad Pharid of her parental
Patna High Court CR. MISC. No.40218 of 2026(2) dt.23-06-2026
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village.
4. It is submitted by learned counsel appearing for
petitioners that the thrust of allegation is available against
the daughter of the petitioners, who is none but the
daughter-in-law of the informant. It is submitted that the
petitioners were implicated only being the parents of
daughter-in-law of the informant. It is pointed out that save
and except suspicion, nothing survives against the
petitioners, who are of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as allegation prima facie appears found
upon suspicion, where thrust of allegation appears available
against daughter of the petitioners, accordingly, both
petitioners, above-named, in the event of their arrest or
surrender in the court below within a period of four weeks,
are directed to be released on bail, 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
Additional Sessions Judge, Buxar in connection with Buxar
Patna High Court CR. MISC. No.40218 of 2026(2) dt.23-06-2026
3/3
(Ind.) P.S. Case No.204 of 2025, subject to the conditions
as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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