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Patna High Court

Naziya KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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