Begam Khatun @ Kalamsun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8318 of 2026 Arising Out of PS. Case No.-82 Year-2025 Thana- MATIYARIA District- West Champaran ====================================================== 1.

Begam Khatun @ Kalamsun Nesha Wife of Istekhar @ Shekh Istekhar Resident of Ward No. 11. village -Badaharawa, Panchayat Matiyariya, Serwa Masjidwa, Police Station Matiyariya, District - West Champaran 2.

Shekh Fedaullah @ Fedaullah @ Fedaullah Mustfa Son of Istekhar @ Shekh Istekhar Resident of Ward No. 11. village -Badaharawa, Panchayat Matiyariya, Serwa Masjidwa, Police Station Matiyariya, District - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abu Nasar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2026

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. After some arguments, learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 1.

3. Permission is granted.

4. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 1.

5. This application, for grant of anticipatory bail, arises out of Matiyariya (West Champaran) Police Station Case No. 82 of 2025, disclosing offences under Sections 80, 3(5) of the BNS, 2023.

6. The prosecution case, in brief, is that the

Patna High Court CR. MISC. No.8318 of 2026(3) dt.06-05-2026 2/3 informant, Majeda Khatun, lodged a written complaint on 23.08.2025 alleging that her daughter Rozina Khatun was married to accused Shekh Zeyaul on 17.12.2024, and sufficient dowry articles, including cash, motorcycle, furniture, clothes, and jewellery, were given at the time of marriage. It is alleged that after about four months of peaceful matrimonial life, the husband and his family members demanded an additional dowry of Rs. 5,00,000/- for construction of a house and subjected the deceased to cruelty upon her inability to fulfill the demand. It is further alleged that on 19.08.2025, the deceased informed the informant over phone that she was being assaulted and threatened to kill by the accused persons. Subsequently, on 20.08.

2025, the accused allegedly killed her, and on 21.08.2025, the informant was misled into believing that her daughter was ill before being informed of her death. Upon reaching the spot, the informant noticed marks on the neck of the deceased, suggesting strangulation. The prosecution alleges that all the named accused persons assaulted and murdered the deceased, who was also pregnant at the time of the incident.

7. Learned Counsel for the petitioner no. 2 submits that he has not committed any offence in the manner alleged. He futher submits that allegations against petitioner no. 2 is general

Patna High Court CR. MISC. No.8318 of 2026(3) dt.06-05-2026 3/3 and omnibus in nature. Petitioner no. 2 is brother-in-law of the deceased. Husband is in custody and father-in-law has been granted regular bail by a Co-ordinate Bench of this Court.

8. Considering the generality of the allegation against petitioner no. 2, I am inclined to grant the petitioner no. 2 privilege of anticipatory bail.

9. This application is, accordingly, allowed.

10. Let the petitioner no. 2, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, West Champaran at Bettiah, in connection with Matiyariya (West Champaran) Police Station Case No. 82 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T