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Patna High Court

Rabushan KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners, subject to strict conditions.

Summary

The petitioners, Rabushan Khatoon and Sabra Khatoon, were arrested on 4 June 2025 in connection with a murder case (FIR dated 3 June 2025) under Sections 103(1), 238(a) and 3(5) of the Bharatiya Nyay Sanhita, 2023. They contend that they are the mother‑in‑law and sister‑in‑law of the deceased and that the FIR is false and fabricated, with no specific allegation of assault, dowry or overt act against them. The prosecution opposed the bail application. The Patna High Court, noting the petitioners’ clean antecedent and the lack of a specific allegation, ordered their release on bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, physical presence, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The order also provides for cancellation of bail if any condition is breached. Consequently, bail was granted.

Issues considered

  • Whether bail should be granted to the accused in a murder case under the Bharatiya Nyay Sanhita, 2023 given the facts.
  • Whether the petitioners’ clean antecedent and the absence of a specific allegation of assault or dowry justify bail.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial.

Legislation cited

Subjects

  • bail
  • murder
  • Bharatiya Nyay Sanhita
  • criminal antecedent
  • dowry
  • false implication
  • West Champaran
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79186 of 2025
                 Arising Out of PS. Case No.-324 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
           1.     Rabushan Khatoon W/O Sheikh Nejamuddin Resident of village- Bathana
                  Ward No. 2, Post- Birwa, Harpur, HarpurTola, P.S.- Manjhauliya, District-
                  West Champaran
           2.    Sabra Khatoon @ Sabri Khatoon D/O Sheikh Jamadar, W/O Parwez Alam
                 Resident of village- Bathana Ward No. 2, Post- Birwa, Harpur, HarpurTola,
                 P.S.- Manjhauliya, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alexander Ashok, Advocate
                                          :      Mr. Jawed Akhtar, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   29-01-2026                    Heard Mr. Alexander Ashok, learned counsel for the

                   petitioners as well as Mr. Jagdhar Prasad, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioners seeks bail who is in custody since

                   04.06.2025 in connection with Majhauliya P.S. Case No. 324 of

                   2025, F.I.R. dated 03.06.2025 for the offences punishable under

                   Sections 103(1), 238(a), 3(5) of the Bharatiya Nyay Sanhita,

                   2023.

                                3.      According to prosecution case, the informant

                   alleged that the petitioners along with other co-accused persons

                   killed his daughter, namely, Najrun Nesha(now, deceased).
Patna High Court CR. MISC. No.79186 of 2025(4) dt.29-01-2026
                                            2/3




                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R. is false and fabricated and the petitioner has not

          committed any offences as alleged in the F.I.R. Petitioner no.1

          is mother-in-law and petitioner no.2 is sister-in-law of the

          deceased. Although the petitioners are named in the FIR but

          from bare perusal of the FIR it appears that there is no specific

          allegation of assault or overt act or demand of dowry against

          them. The police after investigation submitted charge-sheet and

          the petitioners are in custody since 04.06.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioners have clean antecedent and there is

          no specific allegation of assault or overt against them, let the

          petitioners, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Chief Judicial

          Magistrate,West Champaran in connection with Majhauliya P.S.

          Case No. 324 of 2025, subject to the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.79186 of 2025(4) dt.29-01-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tamper with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedents, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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