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Patna High Court

Shaista Bano @ Shaista KhatoonversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioners.

Summary

The petitioners, relatives of a deceased woman, sought anticipatory bail under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, fearing arrest in a dowry‑related case (PS Case No. 198 of 2025). The prosecution alleged that the petitioners repeatedly tortured the informant’s daughter over dowry demands, leading to her illness and eventual death. The petitioners contended they were innocent, had clean records, and that the deceased died of chronic tuberculosis while staying at her maternal home. The State opposed bail, emphasizing specific allegations and an inquest report that linked the death to prior assault. After considering the facts, the court declined to grant anticipatory bail, rejecting the petition.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Sections 80(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 in view of the alleged dowry‑related offences.
  • Whether the allegations and inquest findings constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Bhartiya Nyaya Sanhita
  • Section 80(2)
  • Section 3(5)
  • criminal procedure
  • bail jurisprudence
  • domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74549 of 2025
                      Arising Out of PS. Case No.-198 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
           1.     Shaista Bano @ Shaista Khatoon D/o- Late Md. Samsuddin R/v- Nauzar
                  Katra Imambara New Ps- Khajekalan Dist- Patna
           2.    Mustkima Bano W/o- Late Md. Samsuddin R/v- Nauzar Katra Imambara
                 New Ps- Khajekalan Dist- Patna
           3.    Aman @ Munu @ Manulla @ M.d. Amanullah S/o- Late Md. Samsuddin
                 R/v- Nauzar Katra Imambara New Ps- Khajekalan Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   19-03-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Khajekalan P.S. Case No. 198 of 2025, dated

                   13.05.2025, lodged under Sections 80(2) and 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,

                   2023”), pending before the Court of Judicial Magistrate- Ist

                   Class, Patna City, District- Patna.

                                3. As per the prosecution, an FIR has been lodged

                   against the present petitioners alleging that the accused persons
Patna High Court CR. MISC. No.74549 of 2025(3) dt.19-03-2026
                                            2/3




          constantly tortured the informant’s daughter both physically and

          mentally over dowry demands, as a result of which she became

          ill. Thereafter, they sent her along with her 1.5-year-old

          daughter to the informant’s home, and subsequently, the

          informant’s daughter died during treatment on 12.05.2025.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. He

          further submits that the criminal antecedents of the petitioners

          are clean. It is submitted that Petitioner No. 1 is the sister-in-

          law, Petitioner No. 2 is the mother-in-law, and Petitioner No. 3

          is the brother-in-law of the deceased. He further submits that the

          deceased had been living at her maayke since June 2024. It is

          also submitted that the informant’s daughter (deceased) was

          suffering from chronic tuberculosis and died during medical

          treatment.

                       5. Learned APP for the State vehemently opposes the

          prayer for bail of the petitioners and submits that there are

          specific allegations against all the petitioners. He further

          submits that it has been acknowledged in the rejection order

          that, as per the inquest report mentioned in the case diary, the

          cause of death has been recorded as illness resulting from a

          previous assault.
          Patna High Court CR. MISC. No.74549 of 2025(3) dt.19-03-2026
                                                      3/3




                                 6. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                    Accordingly, the prayer for anticipatory bail of the petitioner is

                    hereby rejected.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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