Patna High Court
Hajara KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S. — s. 80(1)
- Dowry Prohibition Act — s. 3, 4
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
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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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