Patna High Court
Gena KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 115, 190, 191, 324, 351, 352, 85
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
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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
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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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