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Patna High Court

Jahira Khatoon @ Jahida KhatoonversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that regular bail could not be granted to the petitioners.

Summary

The petitioners, Jahira Khatoon and Md. Mokim, were charged under Sections 80 and 3(5) of the B.N.S. for the alleged murder of the informant's daughter, who had been married to Jishan. The petitioners contended they were falsely implicated, had no prior criminal record (except one case for the second petitioner), and argued that the informant was not an eye‑witness and that the dead body was left in the house, indicating no attempt to conceal evidence. The State opposed bail, emphasizing that a charge‑sheet had been filed, the trial had commenced, and the post‑mortem indicated death by throttling and asphyxia, underscoring the seriousness of the offence. The Court examined the gravity of the charges, the fact that the accused were in‑laws present at the scene, and the procedural stage of the case. Concluding that the circumstances did not warrant release, the Court rejected the regular bail application.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the filing of a charge‑sheet and commencement of trial for murder under Sections 80 and 3(5) of the B.N.S.
  • Whether the lack of an eye‑witness and the alleged absence of evidence‑tampering are sufficient grounds to grant bail

Legislation cited

Subjects

  • bail
  • murder
  • false implication
  • anticipatory bail
  • charge sheet
  • trial commencement
  • postmortem
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88630 of 2025
                     Arising Out of PS. Case No.-278 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
           1.     Jahira Khatoon @ Jahida Khatoon S/o Md. Mokim R/o Village- Pirpainti
                  Bazar, Police Station- Pirpainti, District- Bhagalpur
           2.    Md. Mokim S/o Late Md. Muslim R/o Village- Pirpainti Bazar, Police
                 Station- Pirpainti, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Mukherjee, Advocate
                 For the Opposite Party/s :        Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-03-2026                  1. Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. The petitioners seek bail in a case registered for the

                   offence punishable under Sections 80 and 3(5) of the B.N.S.

                                3. The        Investigating      Officer     of    the    case,       in

                   compliance of the order dated 11.03.2026, is present in the

                   Court.

                                4. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case and the informant alleges that

                   her daughter about 8- 9 months back was married to Jishan,

                   further after marriage, her daughter was tortured by the accused
Patna High Court CR. MISC. No.88630 of 2025(3) dt.25-03-2026
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          persons and they demanded money and the victim used to

          disclose about the occurrence, further on 19.06.2025 at 8.00

          P.M. the accused persons including the petitioners killed her

          daughter, accordingly on receiving information, the informant

          came to the place of occurrence and saw the dead body of her

          daughter was lying and no one was present in the house.

                       5. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that husband has not been

          made an accused in the instant case. It is further submitted that

          informant is not an eye witness to the occurrence and the entire

          allegation hinges around suspicion. It is further submitted that

          had the petitioners been involved in the occurrence, in that event

          effort would have been made to dispose of the dead body with a

          view to conceal evidence, but then the dead body was lying in

          the house. It is also submitted that Md. Hussain and Gudia

          Khatoon had approached this Court seeking anticipatory bail by

          filing Criminal Miscellaneous No. 73788 of 2025 and the same

          came to be allowed by an order dated 17.11.2025.

                       6. Learned A.P.P. for the State opposes the regular bail

          application of the petitioners. The learned APP, based on

          instruction of the Investigating Officer of the case, submits that
Patna High Court CR. MISC. No.88630 of 2025(3) dt.25-03-2026
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          marriage of the deceased with Jishan was a love marriage and

          Jishan was working in Mumbai and it was in his absence that

          the occurrence of killing was committed in the house. It is also

          submitted that the postmortem report records- that the death was

          due to asphyxia and venous congestion caused due to combined

          effect of throttling and ligature strangulation.” It is next

          submitted that Gudia Khatoon is married sister-in-law (Nanad)

          of the deceased and was staying separately while Md. Husain is

          brother of the husband of the deceased and is a young boy aged

          about 19 years. It is further submitted that husband was not

          present at the place of occurrence rather was in Mumbai and

          postmortem report records throttling as the cause of death and

          petitioners being in-laws were present in the house. It is next

          submitted that charge sheet has been submitted, on which the

          learned counsel for the petitioners submits that petitioner no. 1

          is in custody since 18.08.2025 and petitioner no. 2 is in custody

          since 22.08.2025 and charges have been framed against them,

          on which the learned APP submits that since charges have been

          framed, the trial has commenced.

                       7. After hearing the learned counsel for the parties,

          the Court is not inclined to release the petitioners on bail.

                       8. Accordingly, the instant regular bail application
            Patna High Court CR. MISC. No.88630 of 2025(3) dt.25-03-2026
                                                        4/4




                      stands rejected.

                                   9. The personal appearance of the Investigating

                      Officer of the case is dispensed with.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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