Jamila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2481 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- Dehri Mufassil District- Rohtas ====================================================== Jamila Khatoon W/o- Aftab Alam Resident of Bhatauli P.o-Indrapuri P.sDehri Mufasssil District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asma Khatoon W/o- Jalil Ansari Village- Rehi Ps- Shivsagar Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Basheer Faizi For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025

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

2. This application, for grant of anticipatory bail, arises out of Dehri Mufassil Police Station Case No. 112 of 2024, dated 07.07.2024, registered for the offences punishable under Sections 80/3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Informant Report, is that the marriage of the daughter of the informant was solemnized with the co-accused Raja Ansari in the year 2020 and after the marriage, the petitioner, along with other co-accused persons, started demanding one motorcycle by way of dowry and due to non-fulfillment

Patna High Court CR. MISC. No.2481 of 2025(2) dt.12-02-2025 2/3 of the said demand, they used to torture the daughter of the informant. On 06.07.2024, at about 5 PM, the informant received a phone call informing her that her daughter is in critical condition and has been admitted in the hospital, upon which the informant along with other family members reached the hospital and found her daughter dead.

4. Learned Counsel for the petitioner submits that the petitioner, who is the mother-in-law of the deceased, is innocent and has falsely been implicated in this case with ulterior motive. He further submits that the deceased was a short-tampered lady and she had consumed poison after hot altercation with her husband.

5. On the other hand, learned Additional Public Prosecutor vehemently opposed the prayer for bail and submits that within four years of the marriage, the deceased was killed by her in-laws and the petitioner for demand of dowry.

6. I have heard learned counsel for the parties and have gone through the materials on record including the impugned order.

7. There is specific allegation against the petitioner regarding demand of dowry and within four years of the

Patna High Court CR. MISC. No.2481 of 2025(2) dt.12-02-2025 3/3 marriage, the informant's daughter died an unnatural death in her matrimonial home. The nature of death is not important whether it is natural, suicidal or accidental but the fact of the matter is that deceased died an unnatural death within four years of her marriage. There is a presumption against the accused persons under Section 113(A) and 113(B) of the Evidence Act. The offence is serious in nature and the punishment thereof is also serious.

8. Accordingly, I am not inclined to grant anticipatory bail to the petitioner.

9. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √