Patna High Court

Majara KhatoonversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Majara Khatoon, the mother‑in‑law of the deceased, was implicated in a dowry‑death case (Sugauli P.S. Case No. 98 of 2025) under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that she was falsely implicated, had no specific overt act attributed to her, and possessed no criminal antecedent. The State opposed the grant of bail, arguing the seriousness of the offences. The Court examined whether the allegations were sufficient to deny anticipatory bail and considered the provisions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. It ordered that the petitioner be released on anticipatory bail upon surrendering within six weeks, subject to a bail bond of Rs 15,000 and two sureties of equal amount, and other conditions prescribed by the lower court.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of the dowry‑death case
Whether the allegations against the petitioner satisfy the criteria to deny bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita
Applicability of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in granting anticipatory bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

dowry death
anticipatory bail
false implication
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 482(2)
Criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68560 of 2025
                   Arising Out of PS. Case No.-98 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Majara Khatoon W/O Attaullaha Khan @ Kauwal Saheb Resident of village-
                 Nakardei, Uttari Mansingha , P.S.- Sugauli, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 For the Informant        :       Mr. Bimlesh Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends arrest in connection with

                   Sugauli P.S. Case No. 98 of 2025 instituted for the offences

                   under Sections 80, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the mother-in-law of the deceased.                       Learned

                   counsel for the petitioner submits that general and omnibus

                   allegation has been made against the petitioner. No specific
           Patna High Court CR. MISC. No.68560 of 2025(3) dt.09-02-2026
                                                       2/2




                     overt act is alleged against the petitioner. Learned counsel

                     further submitted that petitioner is separate in mess and business

                     and has got no concern in the family affairs of the deceased and

                     her husband. Charge-sheet has been submitted in this case. It

                     has been submitted on behalf of the petitioner that the petitioner

                     has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the Court below within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sugauli P.S. Case

                     No. 98 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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