Patna High Court
Rani KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, who are relatives of the deceased woman, sought anticipatory bail fearing arrest in a case registered under Sections 80(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) concerning the alleged dowry‑related death of the informant's daughter. They contended that the deceased lived separately with her husband, who is already in custody since May 2025, and that the post‑mortem report indicated death by hanging, suggesting suicide rather than homicide. The State opposed the bail on the basis of the allegations in the FIR. The Court, noting the general and omnibus nature of the allegations against the in‑laws, their lack of involvement in the day‑to‑day affairs of the deceased, and the husband's custody, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 80(2) and 3(5) of the BNSS in view of the alleged dowry‑related death.
- Whether the existence of a separate residence and the husband's custody negate the necessity of arrest of the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 3(5), 482(2), 80(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- dowry death
- suicide
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 80
- Section 3
- Section 438
- Section 482
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90206 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
1. Rani Khatoon Wife of Noor Alam Resident of Village- Bhantapokhar, P.S.-
Siwan Mufassil, District- Siwan
2. Sabnam Khatoon @ Sabana Khatoon Wife of Abdul Kalam Resident of
Village- Bhantapokhar, P.S.- Siwan Mufassil, District- Siwan
3. Neha Khatoon Daughter of Noor Alam Resident of Village- Bhantapokhar,
P.S.- Siwan Mufassil, District- Siwan
4. Noor Alam son of Hamid Sai Resident of Village- Bhantapokhar, P.S.-
Siwan Mufassil, District- Siwan
5. Abdul Kalam son of Raish @ Raish Sai Resident of Village- Bhantapokhar,
P.S.- Siwan Mufassil, District- Siwan
6. Gudiya Khatoon Daughter of Noor Alam Resident of Village- Bhantapokhar,
P.S.- Siwan Mufassil, District- Siwan AT Present Resident of At - Dargah
Road, Ps- Gopalganj Town, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 80(2) and
3(5) of the B.N.S.
3. The case of the prosecution relates to having caused
the death of the daughter of the informant on account of non-
fulfillment of demand of dowry.
Patna High Court CR. MISC. No.90206 of 2025(2) dt.15-01-2026
2/3
4. The learned counsel for the petitioners submits at
the outset that the petitioner no.1 is mother-in-law, petitioner
no.2 is elder cousin Gotani, petitioner no.3 is unmarried Nanad,
petitioner no.4 is father-in-law, petitioner no.5 is cousin Bhaisur
and petitioner no. 6 is married Nanad of the deceased and so far
as the demand of motorcycle is concerned, the same is confined
to the husband of the deceased. It has further been submitted
that there are general and omnibus allegations against these
petitioners and these petitioners do not have any connection
with the day to day affairs of the deceased as she was staying
separate from other family members along with her husband and
she was in depression due to which she had committed suicide
by hanging. It is further submitted that the post-mortem report
also indicats that the cause of death is asphyxia due to hanging
and no other external injury has been found on the body of the
deceased. Further, the husband of the deceased is in custody
since 10.05.2025, this fact has been specifically stated in
paragraph-15 of the present petition.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
Patna High Court CR. MISC. No.90206 of 2025(2) dt.15-01-2026
3/3
circumstances and considering the general and omnibus nature
of allegations against the petitioners who are in-laws, were
staying separate from the deceased and her husband and also
considering the fact that the husband, who is primarily
responsible for the welfare of his wife, is already in custody, let
the above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Siwan Muffasil P.S. Case No. 342 of 2025, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…