Patna High Court
Farjana KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court denied anticipatory bail to Farjana Khatoon but granted anticipatory bail to Asma Praween subject to conditions.
Summary
The petitioners, Farjana Khatoon (mother‑in‑law) and Asma Praween (sister‑in‑law), sought anticipatory bail in a dowry‑death case (Gwalpara P.S. Case No. 151 of 2024) filed under Sections 304B, 498A, 34 IPC and Sections 3/4 of the Dowry Prohibition Act. The deceased, an 18‑year‑old woman, was found dead within three weeks of marriage, with the post‑mortem indicating asphyxia due to manual strangulation. The prosecution alleged involvement of the in‑laws, including the mother‑in‑law, while the defence argued that Asma lived separately and had no role, and that Farjana’s alleged involvement was unsubstantiated. The court held that the mother‑in‑law’s role could not be ignored and rejected her anticipatory bail, but, considering Asma’s alibi and clean record, granted her anticipatory bail with strict conditions under Section 438 CrPC. The order directed her to surrender within four weeks, furnish bail bond and sureties, and comply with conditions relating to appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether anticipatory bail can be granted to the mother‑in‑law (Farjana Khatoon) given the allegations under Sections 304B, 498A and 34 IPC.
- Whether the sister‑in‑law (Asma Praween) can be granted anticipatory bail despite the FIR implicating all family members.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 34, 498A
Subjects
- dowry death
- anticipatory bail
- Section 304B IPC
- Section 498A IPC
- Section 438 CrPC
- manual strangulation
- mother‑in‑law
- sister‑in‑law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54238 of 2025
Arising Out of PS. Case No.-151 Year-2024 Thana- GWALPARA District- Madhepura
======================================================
1. Farjana Khatoon W/o Md. Jannat Sah R/o Village - Resna, P.S - Arar,
District - Madhepura
2. Asma Praween @ Asmana Khatoon W/o Kurban Sah R/o Village - Resna,
P.S - Arar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Chand Prasad, Advocate
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 17-01-2026 Heard Mr. Uday Chand Prasad, learned counsel for
the petitioners and the State.
2. The petitioners are apprehending arrest in
connection with Gwalpara P.S. Case No. 151 of 2024 instituted
under Sections 304B, 498A, 34 of the Indian Penal Code and
3/4 of Dowry Prohibition Act lodged on 12.08.2024 by the
informant, Rakesh Kumar.
3. As per the prosecution story, the allegation is that
the deceased lady was married to Md. Rahman on 10.05.2024
but on 03.06.2024 came the news of her death. In between,
when she had went to home for couple of days, made allegation
against the in-laws for torturing for dowry. This led to the FIR.
Patna High Court CR. MISC. No.54238 of 2025(6) dt.17-01-2026
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4. The Police took up the investigation, the post
mortem conducted and the cause of death has been recorded as
cardiopulmonary arrest due to asphyxia caused by manual
strangulation.
5. Learned counsel for the petitioners submit that the
petitioner no.2, Asma Praween @ Asmana Khatoon is sister-in-
law (gotni) living separately. She had no role to play in the
matter.
6. So far as the petitioner no.1, Farjana Khatoon is
concerned, she is the mother-in-law and this was a case of
suicide.
7. Learned APP opposes the prayer submitting that the
post-mortem report do not support the submission put forward
by the learned counsel for the petitioners and in any case, the
role of the mother-in-law as also the other family members
cannot be ruled out.
8. As per the FIR, the lady was only 18 years of age,
within three weeks of her marriage, she became of a lifeless
body. Allegation is against the in-laws including the husband.
9. In that background, so far as the petitioner no.1,
Farjana Khatoon is concerned, she being the mother-in-law, her
role cannot be ignored, the anticipatory bail of the petitioner
Patna High Court CR. MISC. No.54238 of 2025(6) dt.17-01-2026
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no.1, Farjana Khatoon stands rejected.
10. So far as the petitioner no.2, Asma Praween @
Asmana Khatoon is concerned, though the allegation is again
all the family members and her role also can not be excluded,
taking into account the alibi that she lives separately, has no
criminal antecedent, the husband is in custody, in that
background, this court is inclined to extend her the privilege of
anticipatory bail.
11. Let the petitioner no.2, Asma Praween @ Asmana
Khatoon be released on bail, in the event of her arrest or
surrender before the concerned court within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each in connection with Gwalpara P.S. Case No. 151 of
2024 to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Madhepura subject to the conditions as laid down
under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the no.2, Asma Praween @ Asmana
Khatoon who shall provide official document (Aadhar
Card/Voter ID/Driving License/Pan Card etc) to show his/her
bona fide;
Patna High Court CR. MISC. No.54238 of 2025(6) dt.17-01-2026
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(ii) the no.2, Asma Praween @ Asmana Khatoon shall
appear on each and every date before the Trial Court and failure
to do so for two consecutive dates without plausible reason will
entail cancellation of her bail bond by the Trial Court itself;
(iii) the no.2, Asma Praween @ Asmana Khatoon
shall in no way try to induce or promise or threat the witnesses
or tamper with the evidences, failing which the State shall be at
liberty to take steps for cancellation of the bail bonds;
(iv) the no.2, Asma Praween @ Asmana Khatoon
shall desist from committing any criminal offence again, failing
which the State shall be at liberty to take steps for cancellation
of her bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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