Patna High Court
Rabushan KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 238(a), 3(5)
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
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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
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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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