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2026 DAILYLAW 42314 (PAT)

Hajara Khatoon v. The State of Bihar

CR. MISC./82870/2025 · 2026-02-02

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82870 of 2025 Arising Out of PS. Case No.-249 Year-2025 Thana- MASHRAK District- Saran ====================================================== 1. Hajara Khatoon Wife of Kyamuddin Ansari Resident of Village- Sonauli, P.S.- Mashrakh, District- Saran 2. Kyamuddin Ansari @ Badari Son of Late Islam Miyan Resident of Village- Sonauli, P.S.- Mashrakh, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Ms. Mili Kumari, Advocate For the State : Mr. Awadhesh Kumar Singh, APP For the Informant : Mr. Rananjay Kumar, Advocate Mr. Shahid Jawed, Advocate Mr. Aamir Suhail, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 02-02-2026 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 80(1) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. 3. It is a case of dowry death. As per prosecution case, marriage of daughter of informant was solemnized with co- accused Asagar Ali on 14.04.2024 as per Muslim rites and rituals. It is alleged that after marriage, all the F.I.R. named accused persons, including these petitioners, tortured and Patna High Court CR. MISC. No.82870 of 2025(3) dt.02-02-2026 2/3 harassed the victim for dowry and due to non-fulfillment of demand of dowry, all the accused persons killed the victim. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be mother-in-law and Petitioner No. 2 happens to be father- in-law of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. As a matter of fact, daughter of informant was ill and despite providing best treatment, she died. Petitioners claim clean antecedents. 5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other accused persons, used to torture and harass the victim for dowry and due to non- fulfillment of demand of dowry, all of them committed her murder. The deceased died unnatural death at her matrimonial house with seven years of marriage. 6. Considering the facts and circumstances of the Patna High Court CR. MISC. No.82870 of 2025(3) dt.02-02-2026 3/3 case, specific and direct nature of accusation, gravity of offence and the fact that the deceased died unnatural death at her matrimonial house with seven years of marriage, the prayer for grant of anticipatory bail to the petitioners is rejected. shashank/- (Prabhat Kumar Singh, J) U T