Shaifun Nesha @ Shaiful Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78159 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- SATHI District- West Champaran ====================================================== Shaifun Nesha @ Shaiful Khatoon W/o Alam Miyan @ Alam Mansuri, R/o Vill. - Pakrihar, P.S.- Sathi, Dist.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar, Advocate.

Mr. Kumud Kishore, Advocate.

For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sathi P.S. Case No.163 of 2025 instituted under Sections 80, 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the daughter of the informant was married with co-accused Mustak Alam. The allegation against the accused persons including the petitioner is that they have strangulated the informant's daughter to death due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is the second wife of

Patna High Court CR. MISC. No.78159 of 2025(2) dt.05-01-2026 2/3 father-in-law of the deceased who is residing separately from the deceased and her husband and she has no concern with the family affairs of deceased and her husband. Learned counsel submits that husband of the deceased namely Mustak Alak is already in custody upon being surrender on 18.07.2025. He further submits that there is general allegation against the petitioner. Learned counsel submits that the father-in-law of the deceased namely Alam Mian @ Alam Mansuri has already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 10.12.2025 passed in Cr. Misc. No.83029 of 2025. He further submits that petitioner is a woman, having no criminal antecedent and she undertakes to cooperate in the trial and investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate-1st Class, West Champaran at

Patna High Court CR. MISC. No.78159 of 2025(2) dt.05-01-2026 3/3 Bettiah/ concerned Court in connection with Sathi P.S. Case No.163 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T