Patna High Court
Sakho @ Sakina Khatoon @ SakoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected as the petitioners failed to prove they were not present at the place of occurrence.
Summary
The petitioners, who are the mother‑in‑law, sister‑in‑law and father‑in‑law of the deceased, filed an anticipatory bail application under sections 80, 351(2) and 351(3) of the Indian Penal Code, fearing arrest in connection with a dowry‑related murder (Kharik P.S. Case No. 325 of 2025). The prosecution alleged that the deceased was strangled after being subjected to dowry harassment, and the informant claimed all family members, including the petitioners, were present at the scene. The petitioners argued they were not present, citing an alibi that the mother‑in‑law was undergoing treatment in Chandigarh, which the investigating officer reportedly supported. The court examined the post‑mortem report confirming death by asphyxia due to strangulation, the informant’s testimony, and found no documentary evidence to substantiate the alibi. Consequently, the court held that the petitioners failed to demonstrate they were not at the place of occurrence and denied the anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under sections 80, 351(2) and 351(3) of the IPC in the present murder case.
- Whether the petitioners have successfully established an alibi to show they were not present at the scene of the offence.
- Whether the prosecution evidence (informant testimony and post‑mortem report) is sufficient to deny anticipatory bail.
Legislation cited
- Indian Penal Code — s. 351(2), 351(3), 80
Subjects
- anticipatory bail
- dowry death
- strangulation
- Indian Penal Code
- section 80
- section 351
- alibi
- post‑mortem report
- family members liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7907 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- KHARIK District- Bhagalpur
======================================================
1. Sakho @ Sakina Khatoon @ Sako W/O Md. Nausad Resident of village-
Purbi Gharari, P.S.- Kharik, Distt.- Bhagalpur
2. Md. Nausad S/O Late Md. Okil Resident of village- Purbi Gharari, P.S.-
Kharik, Distt.- Bhagalpur
3. Dil Sana Begum @ Bibi Dilsana Khatoon @ Bibi Dilshan Khatoon D/O Md.
Nausad, W/O Md. Monazir Resident of village- Purbi Gharari, P.S.- Kharik,
Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
For the Informant : Mr. Deepak Kumar, Advocate
Mr. Bhaskar Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Kharik P.S. Case No. 325 of 2025 for the
offence under sections 80, 351(2) and 351(3) of the BNS lodged
on 27.10.2025 by the informant, Samina Khatoon.
3. As per the prosecution story, the informant alleged
that the daughter was married six years ago with Muslim custom
and rites but was always tortured for dowry. On 26.10.2025, the
villagers informed the family about her death. This led to the
FIR.
Patna High Court CR. MISC. No.7907 of 2026(3) dt.01-04-2026
2/3
4. Learned counsel for the petitioners submit that the
main role has been assigned to the husband, the petitioners
herein are mother-in-law, sister-in-law and father-in-law and
have no role to play. Actually, the mother-in-law was ill and
undergoing treatment at Chandigarh at the relevant time and the
Dy.S.P. has supported the said theory.
5. The informant has appeared and according to him,
all the accused, including the petitioners, were present at the
place of occurrence. Further, the postmortem report shows that it
is a case of strangulation and the lady was killed. Earlier also,
the panchayati took place and they had assured that she will be
taken care of but completely giving a go by to the said
assurance, the occurrence. He further submits that though an
alibi of treatment is being taken by the family, nothing has been
brought on record to show that the lady was undergoing
treatment at Chandigarh during the relevant period.
6. This Court has gone through the facts of the case
and the materials on record as also the postmortem report which
was called for alongwith the case diary by the Coordinate Bench
and the cause of death has been recorded as asphyxia due to
strangulation. This Court cannot ignore the fact that even after
the death, the family was not informed and it was the villagers
Patna High Court CR. MISC. No.7907 of 2026(3) dt.01-04-2026
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who gave the information to the informant which led to their
rushing to the place of occurrence, informing the Police and
only thereafter, the truth came to the light. The petitioners have
not brought on record any material to prove their contention that
they were not at the place of occurrence. In that background, no
relief can be extended.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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