Patna High Court
Aisha KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the petitioner’s clean antecedent and the bail granted to co‑accused, regular bail may be granted subject to prescribed conditions.
Summary
Aisha Khatoon, the mother‑in‑law of the deceased, was charged with multiple offences including assault, attempt to murder, dowry death and murder under the Indian Penal Code. She had been in custody since July 2025 and claimed innocence, asserting a clean antecedent and noting that co‑accused had already been granted bail. The State opposed her regular bail application. The High Court, after considering the circumstances, allowed the bail application, directing her release on a bail bond of Rs.10,000 with two sureties and imposing conditions of personal appearance until framing of charge and regular participation thereafter. Non‑cooperation would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences including murder and dowry death.
Legislation cited
- Indian Penal Code — s. 302, 304B, 307, 323, 324, 326, 34, 341, 498A, 504, 506
Subjects
- regular bail
- Indian Penal Code
- murder
- dowry death
- high court
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4304 of 2026
Arising Out of PS. Case No.-300 Year-2012 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Aisha Khatoon Wife of Md. Tanjur @ Md. Tanzoor Resident of Village-
Bhamrapur, P.S.- Samastipur Muffasil, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Samastipur Muffasil P.S. Case No. 300 of 2012 registered for
the offence under Section(s) 341, 323, 324, 326, 307, 498A,
504, 506/34 of the Indian Penal Code and later on Section 302
and 304B of the Indian Penal Code were added.
3. As per the prosecution case, the petitioner is the
mother-in-law of the deceased. She is said to have killed the
deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 17.07.2025 and has clean
Patna High Court CR. MISC. No.4304 of 2026(3) dt.25-03-2026
2/2
antecedent. He further submits that other co-accused persons
have already been granted bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Samastipur
Muffasil P.S. Case No. 300 of 2012 subject to conditions that:-
(i). Till the framing of charge, the
petitioner shall appear physically in the trial
and after framing of charge, the petitioner
shall appear in the trial regularly either
personally or through her lawyer and shall
cooperate in the trial and non-cooperation
in the trial shall result in cancellation of the
bail bond of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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