Mehnaz Khatoon @ Mehnaj Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66717 of 2025 Arising Out of PS. Case No.-257 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Mehnaz Khatoon @ Mehnaj Khatun D/O Late Tabhar Hussain Resident of Village- Janerwa, Police Station- Banjariya, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Banjariya P.S. Case No. 257 of 2025 instituted for the offence under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that informant alleged his younger brother was murdered by his wife Mehnaz Khatoon (petitioner) and her family when he went to bring her back, and they attempted to dispose of the body. The dead body was found at the matrimonial house with deep neck marks, indicating strangulation.

Patna High Court CR. MISC. No.66717 of 2025(2) dt.24-09-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.05.2-25. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner, widow of the deceased Amjad Miyan, has been falsely implicated in the present case on mere suspicion raised by the informant, sister of the deceased. Learned counsel for the petitioner submits that her marriage was solemnized three years ago, their relationship was cordial, and no matrimonial disputes or complaints ever arose. In fact, the deceased was harassed by his own family for financial help which he could not provide, leading him to commit suicide. Despite the police submitting a final report on 15.07.2025 noting mistake of fact, cognizance was wrongly taken against her on 25.07.2025 under Sections 103(1) and 3(5) BNS. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and cognizance being taken, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.66717 of 2025(2) dt.24-09-2025 3/3 bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banjariya P.S. Case No. 257 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T