Salma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11869 of 2026 Arising Out of PS. Case No.-175 Year-2025 Thana- AMAS District- Gaya ====================================================== Salma Khatoon D/o Hamif and Wife of Late Attaur Rahman @ Late Bablu @ Late Attaul Rahman Resident of Village- Bankat (Gamhariya), P.S.- Amas, District- Gayajee ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Swati Parmar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-06-2026 Heard Mrs. Swati Parmar, learned counsel for the petitioner and the State.

2. The petitioner is apprehending his arrest in connection with Amas P.S. Case No. 175 of 2025 registered for the offences under Sections 108, 3(5) of the B.N.S lodged on 06.06.2025 by the informant, Abu Talha Khan.

3. As per the prosecution story, the informant alleged that his maternal uncle was residing at his in-laws house and was always tortured by his wife as also the bother-in-law and was earlier assaulted. He returned home after recuperation, again went to the in-laws' house and ultimately consumed poison due to the torched which lead to his death. This followed the F.I.R.

4. Learned counsel for the petitioner submits that the petitioner is the unfortunate widow lady who has lost her

Patna High Court CR. MISC. No.11869 of 2026(5) dt.17-06-2026 2/3 husband. The couple was blessed with four children and no one is there to look after them. Further, the fact remains that the deceased consumed poison. The F.I.R. is there and she is ready to face the music but there is no one to look after her children.

5. Learned APP opposes the prayer submitting that the allegation clearly shows that not only there is allegation against her, the video that has been procured by the police also shows that the deceased is consuming Sulphas.

6. Taking into account the fact that the petitioner is a widow lady, has lost her husband, though the nature of death clearly appears suicide, she has given undertaking to cooperate in the investigation, will have to face the trial, has no criminal antecedent and there are no one to look after her four children, in that background, this Court is inclined to extend her the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate First Class, Sheghati, Gayaji, in connection with Amas P.S. Case No. 175 of 2025 subject to the following conditions:-

Patna High Court CR. MISC. No.11869 of 2026(5) dt.17-06-2026 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;

(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ravi/Shivangi U T