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Patna High Court

Najma KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 with two sureties each.

Summary

Najma Khatoon and Kalamuddin Ansari, the elderly mother‑in‑law and father‑in‑law of a deceased woman, were charged under Sections 80(2) and 3(5) of the B.N.S 2023 for allegedly killing the daughter of an informant over a dowry demand. The petitioners contended they were not present at the time of death, had never demanded dowry, and that the death was a suicide by hanging, as indicated by the post‑mortem report and the fact that the husband informed the informant. They also highlighted that the husband had already been granted bail in a related case. The State opposed bail. Considering the petitioners' advanced age, health, lack of criminal antecedents, and the material suggesting suicide, the Court ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties each, subject to their attendance at trial dates.

Issues considered

  • Whether bail should be granted to the petitioners charged under Sections 80(2) and 3(5) of the B.N.S 2023 in a dowry‑related death case.
  • Whether the evidence indicating suicide and the petitioners' age and health justify bail.

Legislation cited

Subjects

  • bail
  • dowry death
  • suicide
  • criminal procedure
  • B.N.S 2023
  • age and health considerations
  • post‑mortem report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74601 of 2025
                      Arising Out of PS. Case No.-60 Year-2025 Thana- Naya Bhojpur District- Buxar
                 ======================================================
           1.     Najma Khatoon W/o Kalamuddin Ansari R/o village- Chilahari, P.S.- Naya
                  Bhojpur, District- Buxar, Bihar.
           2.    Kalamuddin Ansari S/o Late Wahid Ansari R/o village- Chilahari, P.S.- Naya
                 Bhojpur, District- Buxar, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Azim Uddin, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   13-02-2026                  Heard learned counsel for the petitioners and learned APP

                   for the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 80(2) and 3(5) of B.N.S 2023.

                                3. As per the prosecution case, petitioners and other killed

                   the daughter of the informant for non-fulfillment of demand of

                   dowry.

                                4. Learned counsel for the petitioner submits, at the outset,

                   that the petitioners are the old and ailing mother-in-law and father-in-

                   law of the deceased and, as a matter of fact, they never indulged in

                   any kind of dowry demand or torture upon the deceased. It is further

                   submitted that, at the time of occurrence, the petitioner no.1, mother-

                   in-law, of the deceased had gone to her daughter’s house while
Patna High Court CR. MISC. No.74601 of 2025(4) dt.13-02-2026
                                            2/3




          petitioner no. 2, father-in-law, was also not present in the house and

          had gone for farming and as soon as they discovered the dead body

          of the deceased hanging in their house, they immediately informed

          their son, Afroz Ansari, the husband of the deceased, who

          telephonically informed the informant, and this fact would be evident

          from the First Information Report itself. It is further submitted that

          the postmortem report also indicates the cause of death as asphyxia

          due to hanging which supports the factum of suicide. Learned

          counsel has also brought to notice the fact that the husband of the

          deceased has also been granted bail by a co-ordinate Bench of this

          Court vide order dated 27.01.2026 passed in Cr. Misc. No. 3859 of

          2026, taking into consideration the fact that the information about the

          death had been made to the informant by the husband from Dubai.

          Petitioners are in custody since 30.05.2025 and charge sheet has

          already been submitted. Petitioners have no criminal antecedents.

                       5. Learned APP for the State opposes the bail petition.

                       6. Taking into consideration the facts and circumstances of

          the case and also considering the fact that the petitioners are old and

          ailing in-laws of the deceased, coupled with the fact that there are

          materials to suggest that the death may have been caused on account

          of a suicide and also considering the fact that the death was informed

          to the informant, the above named petitioners are directed to be

          enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.74601 of 2025(4) dt.13-02-2026
                                                         3/3




                       satisfaction of the learned Court below where the case is

                       pending/successor Court in connection with Naya Bhojpur P.S. Case

                       No. of 60 of 2025.

                                    7. However, the petitioners shall be attending each and

                       every date fixed in the trial and in case charges have not been

                       framed, they will even co-operate in getting the charges framed.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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