Created by Fuzzy Cloud

Patna High Court

Md. Firoz SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.