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Patna High Court

Shaifun Nesha @ Shaiful KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail must be granted to the petitioner under Section 80 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the conditions of Section 482(2).

Summary

The petitioner, Shaifun Nesha, sought anticipatory bail fearing arrest in a dowry‑death case (Sathi PS Case No.163 of 2025) where she was alleged to have participated in the strangulation of the informant’s daughter. The prosecution alleged involvement of several accused, including the petitioner, while the petitioner’s counsel argued she is the second wife of the deceased’s father‑in‑law, has no criminal antecedent, and the primary accused (Mustak Alam) is already in custody. The State opposed the bail. Considering the petitioner’s lack of prior record, her willingness to cooperate, and the presence of other accused in custody, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, requiring a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 80 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the petitioner’s personal circumstances and the status of co‑accused justify the grant of bail.
  • Whether conditions under Section 482(2) are applicable to the anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 80
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions
  • women accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78159 of 2025
                    Arising Out of PS. Case No.-163 Year-2025 Thana- SATHI District- West Champaran
                 ======================================================
                 Shaifun Nesha @ Shaiful Khatoon W/o Alam Miyan @ Alam Mansuri, R/o
                 Vill. - Pakrihar, P.S.- Sathi, Dist.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate.
                                                  Mr. Kumud Kishore, Advocate.
                 For the Opposite Party/s :       Mr. Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                   1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Sathi P.S. Case No.163 of 2025 instituted under Sections

                   80, 3(5) of the B.N.S., 2023.

                                 3. As per the prosecution case, the daughter of the

                   informant was married with co-accused Mustak Alam. The

                   allegation against the accused persons including the petitioner is

                   that they have strangulated the informant’s daughter to death

                   due to non-fulfillment of dowry demand.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the petitioner is the second wife of
Patna High Court CR. MISC. No.78159 of 2025(2) dt.05-01-2026
                                            2/3




          father-in-law of the deceased who is residing separately from

          the deceased and her husband and she has no concern with the

          family affairs of deceased and her husband. Learned counsel

          submits that husband of the deceased namely Mustak Alak is

          already in custody upon being surrender on 18.07.2025. He

          further submits that there is general allegation against the

          petitioner. Learned counsel submits that the father-in-law of the

          deceased namely Alam Mian @ Alam Mansuri has already been

          granted regular bail by the Co-ordinate Bench of this Court vide

          order dated 10.12.2025 passed in Cr. Misc. No.83029 of 2025.

          He further submits that petitioner is a woman, having no

          criminal antecedent and she undertakes to cooperate in the trial

          and investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioner be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount to each to the satisfaction of the

          learned Judicial Magistrate-1st Class, West Champaran at
              Patna High Court CR. MISC. No.78159 of 2025(2) dt.05-01-2026
                                                          3/3




                        Bettiah/ concerned Court in connection with Sathi P.S. Case

                        No.163 of 2025, subject to the conditions laid down in Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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