Patna High Court

Afrida Khatoon @ Sunita DeviversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Afrida Khatoon, was arrested in connection with the murder of her husband, the brother of an informant, under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The informant alleged that the petitioner had an illicit relationship with a co‑accused and participated in the killing to usurp ancestral property. The petitioner’s counsel argued that she was not an eye‑witness, there is no substantive evidence linking her to the crime, and the allegation is a false attempt to deprive her of her share of the property; she also highlighted her clean antecedents and that she is a woman. The State opposed bail, contending the seriousness of the offences. The Court, taking note of the petitioner’s prolonged custody since 22‑03‑2025, her gender, and lack of material incriminating her, ordered her release on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether bail should be granted to the petitioner under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 in view of the alleged murder and the evidentiary material.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)

Subjects

bail
murder
false implication
property dispute
gender
Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89376 of 2025
                  Arising Out of PS. Case No.-51 Year-2025 Thana- Gadhiya Bazar District- East Champaran
                 ======================================================
                 Afrida Khatoon @ Sunita Devi W/o Ashgar Ali @ Suresh Kumar @ Suresh
                 Parit @ Suresh Pandit Resident of Village - Siswaniya, P.S - Banjariya,
                 District - East Champaran
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :        Mr.Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 103(1), 61(2) and 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                3. As per F.I.R., informant's brother Suresh Kumar,

                   who was working in a Mobile Tower Company situated at

                   Pakaridayal,        solemnized        marriage       with Afrida          Khatoon

                   (petitioner herein) and both of them were living together in a

                   rented house at Pakaridayal. It is further alleged that after some

                   time of marriage, they started quarreling with each other

                   whereafter the informant went there and came to know that the

                   wife of informant's brother had illicit relation with co-accused

                   Manish Kumar and thereafter, the informant shifted his brother
Patna High Court CR. MISC. No.89376 of 2025(2) dt.12-02-2026
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          and his wife to another place, but on 20.03.2025 at about 9:00

          AM, the informant got an information that his brother has been

          killed. The informant believes that all the accused persons

          named in the FLR. committed murder of his brother.

                       4. Learned counsel for the petitioner submits that

          informant is not eye-witness to the occurrence. Petitioner is wife

          of the deceased and only on suspicion, she has been made

          accused in this case. There is no cogent material against this

          petitioner to show her complicity in the alleged incident. As a

          matter of fact, informant, who is brother of deceased in order to

          grab the entire ancestral property and to deprive this petitioner

          from having any share, falsely implicated this petitioner. Co-

          accused Ankit Dubey has already been granted bail by this

          Court, vide order dated 12.11.2025 passed in Cr.Misc. No.

          71509 of 2025. Petitioner is lady, claims clean antecedent and is

          in custody since 22.03.2025. Chargesheet has been submitted.

                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Considering the period of custody and the fact that

          petitioner is lady, claims clean antecedent, let the above named

          petitioner be released on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.89376 of 2025(2) dt.12-02-2026
                                                       3/3




                     each to the satisfaction of learned C.J.M., East Champaran at

                     Motihari in connection with Garahiya Bazar/Gadhiya Bazar P.S.

                     Case No. 51 of 2025.



                                                       (Prabhat Kumar Singh, J)
anay

U      T

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