Patna High Court

Gudiya Khatoon @ Ruksana KhatoonversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Gudiya Khatoon, the mother‑in‑law of a deceased woman, applied for anticipatory bail fearing arrest in a dowry‑death case (Sugauli P.S. Case No. 260 of 2024) under Sections 304B and 34 of the IPC. The prosecution alleged that she, along with family members, tortured and killed the deceased for dowry demands. The petitioner contended that she was falsely implicated, had no specific act attributed to her, was separate from the family’s affairs, and had no criminal antecedent; the deceased’s husband had already been acquitted. The State opposed the bail. The Court, after considering the lack of specific allegations and the petitioner’s circumstances, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita in view of the allegations under Sections 304B and 34 IPC.
Whether the petitioner has been sufficiently implicated to justify denial of bail.

Legislation cited

Indian Penal Code — s. 304B, 34

Subjects

dowry death
anticipatory bail
Section 304B IPC
Section 34 IPC
Section 482(2) BNS Act
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88408 of 2025
                   Arising Out of PS. Case No.-260 Year-2024 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Gudiya Khatoon @ Ruksana Khatoon W/O Md. Ali Resident of Village- Amir
                 Khan Tola, P.S.- Sugauli, District- East Champaran



                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends her arrest in connection

                   with Sugauli P.S. Case No. 260 of 2024 instituted for the

                   offences under Sections 304B, 34 of the Indian Penal Code.

                               3. Prosecution case, in short, is that the petitioner

                   alongwith the family members tortured and killed the deceased

                   for the non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is the mother-in-law of the deceased.                        Learned
Patna High Court CR. MISC. No.88408 of 2025(2) dt.15-01-2026
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          counsel for the petitioner submitted that general and omnibus

          allegation has been made against the petitioner. No specific

          overt act is alleged against the petitioner. Learned counsel

          further submitted that petitioner is separate in mess and business

          and has got no concern in the family affairs of the deceased and

          her husband. Learned counsel further submitted that the

          husband of the deceased was arrested in course of investigation

          and the trial was commenced and thereafter, he has been

          acquitted vide judgment dated 15.09.2025 passed in Sessions

          Trial No. 830 of 2024 which is annexed as Annexure-P/2 to the

          present bail application. It has been submitted on behalf of the

          petitioner that the petitioner has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioner, above named, in the event of

          arrest/surrender before the Court below within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sugauli P.S. Case

          No. 260 of 2024, subject to the conditions as laid down under
           Patna High Court CR. MISC. No.88408 of 2025(2) dt.15-01-2026
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                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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