Patna High Court
Guria Khatoon @ Shamma NazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to bond and conditions.
Summary
The petitioners, relatives of the alleged victims in a dowry‑related death case, filed applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail, fearing arrest in connection with FIR No. 173 of 2025. The FIR alleged that the informant’s daughter was poisoned after a forced marriage and dowry demand, invoking sections of the Bhartiya Nyay Sanhita, 2023 and the D.P. Act. The petitioners contended they were innocent, pointing out that the post‑mortem report showed death due to sudden cardiac arrest with no evidence of poisoning, and that the husband of the deceased was residing elsewhere. The informant and the State opposed bail, relying on the FIR’s allegation of poisoning. After examining the medical evidence and the lack of corroboration for the poisoning claim, the Court granted anticipatory bail, imposing a bond of Rs 30,000 and conditions under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 when the FIR alleges poisoning but medical evidence contradicts it
- Whether the FIR discloses sufficient grounds to deny bail in a dowry‑related death case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 123, 3(5), 80
- D.P. Act — s. 3, 4
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Bhartiya Nyay Sanhita
- D.P. Act
- dowry death
- poisoning allegation
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74316 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
1. Fida Hussain S/o- Mohammad Munshi R/v- Bhada Khurd, P.S.- Jamo Bazar,
District- Siwan
2. Rani Khatoon D/o- Fida Hussain R/v- Bhada Khurd, P.S.- Jamo Bazar,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74792 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
1. Guria Khatoon @ Shamma Naz W/o- Sadam Hussain, D/o- Fida Hussain
R/v- Rarauli, P.S.- Sidhwalia, District-Gopalganj-
2. Aamna Khatoon W/o- Fida Hussain R/v- Bhada Khurd Ps-Jamo Bazar Dist-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74316 of 2025)
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
(In CRIMINAL MISCELLANEOUS No. 74792 of 2025)
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Binod Kumar No.3, APP
For the Opposite Party No.2: Mr. R. Kumar, Advocate
Mr. Yashraj Bardhan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 19-03-2026 Heard learned Counsel for the petitioners, learned
Counsel for the informant and learned APP for the State in both
these cases.
Patna High Court CR. MISC. No.74316 of 2025(3) dt.19-03-2026
2/4
2. Both these criminal miscellaneous applications
have been filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,
2023’) for grant of anticipatory bail to the petitioners who
apprehend arrest in connection with Jamo Bazar P.S. Case No.
173 of 2025, lodged on 29.04.2025, under Sections 80/123/3(5)
of the Bhartiya Nyay Sanhita, 2023 and under Section 3/4 of the
D.P. Act.
3. As per the prosecution, FIR has been lodged
against five named accused persons including the present
petitioners, with allegation that marriage of the daughter of the
informant was solemnized with the son of petitioner No.1 of
first case and petitioner No.2 of second case and due to threat of
second marriage and demand of dowry as well as due to forcible
administration of poison death of informant’s daughter took
place.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that in the first case, the father-in-law and unmarried
nanad are the petitioners, whereas in the second case, the
mother-in-law and married nanad are the petitioners.
5. Learned counsel further submits that, although
Patna High Court CR. MISC. No.74316 of 2025(3) dt.19-03-2026
3/4
there is a specific allegation in the FIR that poison was
administered in the food of the deceased, resulting in her death,
the said allegation is not supported by the medical evidence. He
submits that the case diary and post-mortem report were called
for, and as per the opinion of the doctor, the death was caused
due to sudden cardiac arrest, with no indication of poisoning
having been found.
6. It is further submitted that the petitioners are
innocent and have been unnecessarily implicated in the present
case. Counsel also submits that from the contents of the FIR, it
is evident that the husband of the deceased was not residing in
the town but was living in Pune, and there was continuous
communication between the husband and the deceased.
Learned counsel submits that the antecedents of the petitioners
are clean. He further submits that the petitioners are ready to
abide by any condition that may be imposed by this Hon’ble
Court.
7. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that the FIR contains a
specific allegation that poison was administered in the food of
the deceased, resulting in her death.
8. But, upon perusal of the post mortem report, it
Patna High Court CR. MISC. No.74316 of 2025(3) dt.19-03-2026
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transpires that the allegation made in the FIR i.e., the ocular
statement does not match with the medical evidence. There is
no sign of any injury on the external part of the body and doctor
has reported the cause of death is cardiac arrest.
9. Learned APP for the State opposes the prayer for
bail of the petitioners.
10. In this view of the matter, let the above named
petitioners be released on anticipatory bail, in the event of arrest
or surrender before the learned Court below within a period of
four weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) each as mentioned in Section 2(1)(d)
of the BNSS, 2023 to the satisfaction of S.D.J.M., Siwan, in
connection with Jamo Bazar P.S. Case No. 173 of 2025, subject
to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Mkr./-
U
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