Patna High Court
Najma KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S., 2023 — s. 3(5), 80(2)
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
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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
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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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