Patna High Court
Sanjeela Khatoon @ Sanjida KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the absence of evidence of a dowry demand, the suicide of the deceased, and the lack of imminent trial, bail should be granted to the petitioner.
Summary
The petitioner, Sanjeela Khatoon, mother‑in‑law of the deceased, sought bail in a case alleging that she and others killed the informant’s daughter over a dowry demand. The FIR alleged murder, but the petitioner contended that the marriage was a love marriage, there was no dowry demand, and the daughter died by suicide due to depression, as supported by the post‑mortem report indicating asphyxia from antemortem hanging. The petitioner had been in custody since 18‑08‑2025, had no prior criminal record, and the charges were only framed on 12‑02‑2026 with no witnesses examined. The State opposed bail, arguing the alleged dowry‑related murder. The court, noting the lack of evidence of dowry demand, the suicide finding, the petitioner’s clean record, and the likelihood of a prolonged trial, granted bail on a bond of Rs.10,000 with two sureties and directed the trial court to expedite the proceedings without unnecessary adjournments.
Issues considered
- Whether bail should be granted to the petitioner under sections 61(2) and 80 of the BNS, 2023 in view of the alleged dowry‑related death.
- Whether the facts indicate murder or suicide, affecting the bail consideration.
- Whether the petitioner is likely to flee or tamper with evidence.
- Whether the trial is likely to conclude soon, justifying bail.
Legislation cited
- BNS, 2023 — s. 61(2), 80
Subjects
- bail
- dowry death
- love marriage
- suicide
- criminal procedure
- BNS 2023
- section 61(2)
- section 80
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75110 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
Sanjeela Khatoon @ Sanjida Khatoon W/o Md. Reyaz@Md. Reyaz Ahmad
R/o Village - Mansurpur Chamarua, P.S - Karja, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Adv.
For the State : Mr. Ram Priya Sharan Singh, APP
For the Informant : Mr. Ganesh Prasad Singh, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Karja P.S. Case no.234 of 2025
registered under sections 61(2) and 80 of BNS, 2023.
3. Allegation in the F.I.R is that the petitioner along
with others killed the informant’s daughter on account of non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner is the mother-in-law of the deceased and the F.I.R
discloses clearly that love marriage had taken place between the
deceased and her husband i.e. the son of the petitioner. It has
further been submitted that there is no question of demand of
Patna High Court CR. MISC. No.75110 of 2025(3) dt.13-02-2026
2/3
dowry in a case where love marriage had been performed. It is
only on account of matrimonial discord that the deceased
committed suicide owing to depression and mental anxiety and
the post-mortem report of the deceased is also supportive of the
said fact that the deceased had died due to asphyxia as a result
of antemortem hanging. The petitioner is in custody since
18.08.2025 and has no criminal antecedent. She undertakes to
cooperate in the case/trial. Charges have already been framed on
12.02.2026.
5. The application for bail is opposed by learned
A.P.P. for the State as also learned counsel for the informant on
the ground that informant’s daughter was killed by the petitioner
along with others on nonfulfillment of demand of dowry within
a year of marriage.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that petitioner is
the mother-in-law of the deceased and the marriage between the
deceased and her husband was a love marriage coupled with the
fact that charges have been framed on 12.02.2026 and till date
no witness has been examined and there is no likelihood to
conclude the trial in the near future, the petitioner is directed to
be enlarged on bail in connection with Karja P.S. Case no.234 of
Patna High Court CR. MISC. No.75110 of 2025(3) dt.13-02-2026
3/3
2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the further condition that
petitioner shall remain physically present in the learned trial
Court on each date and shall cooperate in the trial. In case the
petitioner is absent on the two consecutive dates without
sufficient reasons, the learned trial Court would be at liberty to
cancel the bail bonds of the petitioner.
7. The trial Court is directed to expedite the trial
without giving any unnecessary adjournment.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…