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Patna High Court

Gena KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed anticipatory bail to the petitioners, subject to the conditions prescribed under Section 482(2) of the CrPC.

Summary

The petitioners, Gena Khatoon and Md. Gaffar, applied for anticipatory bail after the police registered a case alleging offences under several IPC sections and the Dowry Prohibition Act, stemming from a dowry‑related dispute involving the daughter of the complainant and her husband Abdul Jabbar. The prosecution alleged that the petitioners were involved in torturing the informant and setting fire to her house for non‑payment of dowry. The petitioners contended they were innocent, had no direct involvement in the alleged crimes, and were victims of over‑implication, emphasizing their clean antecedents and lack of any specific charge against them. The State opposed the bail, arguing the seriousness of the offences. After considering the facts, the court granted anticipatory bail, directing that if the petitioners are arrested or surrender within eight weeks, they may be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite allegations under multiple IPC sections and the Dowry Prohibition Act
  • Whether the allegations against the petitioners constitute a specific charge or are merely general and omnibus, justifying denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC sections
  • over‑implication
  • bail conditions
  • Section 482 CrPC
  • Criminal Miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91804 of 2025
                        Arising Out of PS. Case No.-110 Year-2025 Thana- BARSOI District- Katihar
               ======================================================
           1 . Gena Khatoon W/O Md. Saiyaad Resident of village- Balupara, P.S.- Barsoi,

                 District- Katihar
           2.    Md. Gaffar S/O Md. Saiyaad Resident of village- Balupara, P.S.- Barsoi,

                 District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :        Mr. Md Musowir , Advocate

                 For the Opposite Party/s :        Mr. Shaheen Begum , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                          Heard learned counsel for the petitioners and

                   learned A.P.P. for the State .

                                 2. Petitioners apprehend arrest in a case registered

                   for the offences punishable under Sections 190, 191 ( 2 ), 115

                   ( 2 ), 85 , 324 ( 4 ), 352 and 351 ( 2 ) of BNS and 3/ 4 of the

                   D. P Act.

                                 3 . Prosecution case , in brief, is that daughter of

                   complainant solemnized marriage with co-accused                             Abdul

                   Jabbar 3 years ago. Thereafter, it is alleged that informant was

                   subjected to torture and harassment by the accused persons
Patna High Court CR. MISC. No.91804 of 2025(2) dt.20-01-2026
                                            2/3




          due to non-fulfillment of demand of dowry . It is further

          alleged that on 28.04.2025 , all the accused persons set fire to

          the house of informant at night.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence.

          Petitioner no. 1 is mother-in -law petitioner no. 2 is devar of

          the daughter of informant and they are simply victims of

          over-implications. Allegation against petitioners is general

          and omnibus. Petitioners are separate in mess and property

          and they are not concerned with family affairs of the daughter

          of informant and co-accused Abdul Jabbar. Moreover, thrust

          of accusation is against husband of the daughter of informant.

          Rest of the allegations are ornamental in nature to make the

          case grave . Petitioners claim clean antecedent.

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

          the bail application .

                       6. Considering the aforesaid facts and circumstances

          of the case, this anticipatory bail is allowed and it is ordered

          that let the above named petitioners in the event of their

          arrest/surrender before the court below within a period of

          eight weeks from today, be enlarged on bail on furnishing

          bail-bond of Rs. 10,000/- (ten thousand) each with two
            Patna High Court CR. MISC. No.91804 of 2025(2) dt.20-01-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of SDJM

                      Katihar, District- Katihar in connection with Barsoi P. S. Case

                      No. 110 of 2025 , subject to condition as laid down under

                      Section 482(2) of the BNSS.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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