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Patna High Court

Chanda KhatoonversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants regular bail to the petitioner.

Summary

Chanda Khatoon was arrested in connection with Haraiya Police Station Case No. 34 of 2024 for alleged offences under sections 108, 238 and 61(2) of the BNS and has been in custody since 3 December 2024. She applied for regular bail, asserting a clean antecedent, completion of the investigation, lack of any eye‑witness, and that the deceased died a natural death, with an earlier complaint by the deceased unrelated to the present charge. The State opposed the bail application. The Court examined the genesis of the occurrence, the length of custody, the cause of death and the fact that the investigation was complete, and found no material ground to deny bail. Accordingly, the Court ordered her release on bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount. The order was pronounced by Justice Shailendra Singh.

Issues considered

  • Whether regular bail should be granted to the petitioner in view of the completed investigation and lack of eye‑witness evidence.
  • Whether the nature of the offences under sections 108, 238 and 61(2) of the BNS warrants denial of bail.

Legislation cited

  • BNS — s. 108, 238, 61(2)

Subjects

  • regular bail
  • criminal procedure
  • investigation completed
  • lack of evidence
  • sections 108, 238, 61(2) BNS
  • natural death

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90092 of 2025
                     Arising Out of PS. Case No.-34 Year-2024 Thana- Haraiya District- East Champaran
                 ======================================================
                 Chanda Khatoon W/O Late Md Serajul Alam R/O village- Premnagar ward
                 no 7, P.S.- Haraiya, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar, Adv.
                 For the Opposite Party/s :        Mr. Nitya Nand Tiwary, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                      Heard Mr. Pawan Kumar, learned counsel for the

                   petitioner and Mr. Nitya Nand Tiwary, learned APP for the

                   State.

                                2. Petitioner seeks regular bail in connection with

                   Haraiya P.S. Case No. 34 of 2024 dated 01.12.2024 registered

                   for the offences punishable under sections 108, 238 and 61(2) of

                   the BNS.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner has been languishing in jail since

                   03.12.2024 and she has fair and clean antecedent and the

                   investigation has been completed against her, there is no eye

                   witness showing the petitioner’s role in the alleged crime, she

                   had nothing to do with the alleged occurrence and the deceased

                   died a natural death. It is lastly submitted that there was no
            Patna High Court CR. MISC. No.90092 of 2025(2) dt.13-01-2026
                                                        2/2




                      earlier complaint by the deceased against the petitioner from the

                      date of solemnization of the marriage.

                                   4. Learned APP for the State has opposed the bail

                      prayer of the petitioner.

                                   5. Considering the above submissions, and the

                      averments made in this application mainly taking into account

                      the genesis of the occurrence, petitioner’s custody period

                      coupled with the cause of death of deceased and completion of

                      investigation against her, this court is inclined to release the

                      petitioner on bail. Accordingly, let the petitioner named-above

                      be released on bail on furnishing bail bond of Rs.20,000/-

                      (Rupees Twenty Thousand) with two sureties of the like amount

                      each to the satisfaction of the court concerned in connection

                      with Haraiya P.S. Case No. 34 of 2024.




                                                (Shailendra Singh, J)

siddharthkr/-

U       T


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