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Patna High Court

Hajara KhatoonversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the accusations were specific, the offence grave, and the circumstances warranted denial of bail.

Summary

The petitioners, Hajara Khatoon and Kyamuddin Ansari, sought anticipatory bail after being named in a dowry death case involving the murder of the informant's daughter. The prosecution alleged that the petitioners, as mother‑in‑law and father‑in‑law, participated in torturing the victim for dowry, leading to her death. The petitioners contended they were innocent, had no involvement in the victim's affairs, and possessed clean antecedents. The State and the informant opposed the bail, emphasizing the specific accusations, the gravity of the offence, and the unnatural death after seven years of marriage. Considering these factors, the court rejected the petition for anticipatory bail, dismissing the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Section 80(1) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act in a dowry death case.
  • Whether the petitioners' claimed innocence and lack of involvement merit the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Dowry Prohibition Act
  • Section 80(1) B.N.S.
  • criminal procedure
  • bail denial
  • murder
  • family relations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82870 of 2025
                       Arising Out of PS. Case No.-249 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
           1.     Hajara Khatoon Wife of Kyamuddin Ansari Resident of Village- Sonauli,
                  P.S.- Mashrakh, District- Saran
           2.    Kyamuddin Ansari @ Badari Son of Late Islam Miyan Resident of Village-
                 Sonauli, P.S.- Mashrakh, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Ms. Mili Kumari, Advocate
                 For the State           :        Mr. Awadhesh Kumar Singh, APP
                 For the Informant       :        Mr. Rananjay Kumar, Advocate
                                                  Mr. Shahid Jawed, Advocate
                                                  Mr. Aamir Suhail, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 80(1) of the

                   B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act.

                                3. It is a case of dowry death. As per prosecution case,

                   marriage of daughter of informant was solemnized with co-

                   accused Asagar Ali on 14.04.2024 as per Muslim rites and

                   rituals. It is alleged that after marriage, all the F.I.R. named

                   accused persons, including these petitioners, tortured and
Patna High Court CR. MISC. No.82870 of 2025(3) dt.02-02-2026
                                            2/3




          harassed the victim for dowry and due to non-fulfillment of

          demand of dowry, all the accused persons killed the victim.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioners have falsely been

          implicated in this case merely because Petitioner No. 1 happens

          to be mother-in-law and Petitioner No. 2 happens to be father-

          in-law of the deceased. Petitioners are separate in mess and

          property and have got no concern with the affairs of the

          deceased and her husband. As a matter of fact, daughter of

          informant was ill and despite providing best treatment, she died.

          Petitioners claim clean antecedents.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioners and

          submitted that petitioners are named in the F.I.R. with specific

          accusation that they, along with other accused persons, used to

          torture and harass the victim for dowry and due to non-

          fulfillment of demand of dowry, all of them committed her

          murder. The deceased died unnatural death at her matrimonial

          house with seven years of marriage.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.82870 of 2025(3) dt.02-02-2026
                                                         3/3




                       case, specific and direct nature of accusation, gravity of offence

                       and the fact that the deceased died unnatural death at her

                       matrimonial house with seven years of marriage, the prayer for

                       grant of anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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