Patna High Court
Md. Firoz SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail.
Summary
The petitioners, the father‑in‑law and mother‑in‑law of the deceased Zeba Khatoon, applied for bail in a case (Bokhra P.S. Case No. 164 of 2025) alleging they were involved in her dowry‑related death by poisoning. The prosecution alleged that the deceased was subjected to cruelty and dowry demands, and that her in‑laws administered poison on 09‑09‑2025, leading to her death. The petitioners contended they were innocent, had no criminal antecedent, and were falsely implicated, having been in judicial custody since 22‑09‑2025. The State opposed the bail application. After hearing both sides, the Court found no sufficient ground to deny bail and ordered the petitioners to be released on bail upon furnishing a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to bail under Sections 80(1) and 3(5) of the B.N.S., 2023 in the alleged dowry‑death case.
Legislation cited
- B.N.S., 2023 — s. 3(5), 80(1)
Subjects
- bail
- dowry death
- cruelty
- poisoning
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4748 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- BOKHRA District- Sitamarhi
======================================================
1. Md. Firoz Sah S/o Late Maksoood Shah @ Late Masoom Shah R/o Village-
Pokhraira Ushha Mohalla Ward No.5, @ Pokhraira Usra Mohalla Ward
No.5, @ Pokhraira Ushha Tola Ward No.5, P.S- Bokhra, Dist- Sitamarhi.
2. Sahani Khatoon @ Sohani Khatoon W/o Md. Firoz Sah R/o Village-
Pokhraira Ushha Mohalla Ward No.5, @ Pokhraira Usra Mohalla Ward
No.5, @ Pokhraira Ushha Tola Ward No.5, P.S- Bokhra, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Bokhra P.S. Case No. 164 of 2025 registered for the offence
punishable under Sections 80(1), 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that Zeba
Khatoon (deceased) was married to one Dilshad Sah. It is further
alleged that after marriage, she was being subjected to cruelty on
account of non-fulfillment of dowry demand of washing machine,
freeze and Rs. 2 lakhs in cash and she was threatened of dire
consequences. On 09.09.2025, the deceased was administered
poison by her in-laws due to which she died.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.4748 of 2026(2) dt.02-02-2026
2/2
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioners submits that the
petitioners are father-in-law and mother-in-law of the deceased.
The main thrust of allegation is against the husband. He also
submits that there was a separation in the family and both the
petitioners were living separately with the husband of the
deceased. He further submits that a statement has been made in
para 3 of the petition that petitioners have no criminal antecedent
and they are languishing in judicial custody since 22.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Pupri, Sitamarhi/Competent Jurisdiction in connection
with Bokhra P.S. Case No. 164 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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