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Musterun @ Musatrun Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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Patna HC
2025
Musterun @ Musatrun Vs The State of BiharMusterun @ Musatrun v. The State of Bihar

Allowed¶21

Musterun @ Musatrun v. The State of Bihar

Criminal Miscellaneous – Regular bail

Patna HC21 Jul 2025CR. MISC./30666/2025

Case brief

AI extract

What is this about?

Musterun @ Musatrun v. The State of Bihar, Patna High Court, CR. MISC. No. 30666 of 2025, decided 21-07-2025 by Chandra Prakash Singh, J. Regular bail granted. Offences under B.N.S. Ss. 103(1), 80(2), 61(2) r/w 3(5); cognizance u/s 80(2) r/w 3(5) B.N.S. Allegation: petitioner (mother-in-law of deceased) with co-accused strangulated informant's daughter over dowry demand. Pothia P.S. Case No. 396/2024, District Kishanganj; custody since 27.12.2024; bail-bond of Rs. 20,000 with two sureties; application allowed.

What did the court decide?

Regular bail granted; petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj, in connection with Pothia P.S. Case No. 396/2024. ¶21

Why is it important?

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj. ¶20

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj, in connection with Pothia P.S. Case No. 396/2024.

Issue for consideration

Whether the petitioner, accused in Pothia P.S. Case No. 396/2024 for offences punishable u/s 103(1), 80(2), 61(2) r/w S. 3(5) B.N.S. (alleged, with co-accused, to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry), is entitled to regular bail.

Court's answer

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj.

Detailed headnote1 paragraphs

Criminal Miscellaneous — Regular bail — Pothia P.S. Case No. 396/2024 (P.S. Pothiya, District Kishanganj) dated 26.12.2024, registered u/s 103(1), 80(2), 61(2) r/w S. 3(5) B.N.S.; cognizance taken against petitioner u/s 80(2) r/w S. 3(5) B.N.S. — Prosecution case: petitioner and co-accused alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry — Defence: petitioner innocent and falsely implicated; general and omnibus allegation against mother-in-law of deceased; no dowry demand, torture or cruelty soon before death; clean antecedents; in custody since 27.12.2024 — State opposed bail — Held: considering facts, circumstances and period of custody, petitioner enlarged on bail on bail-bond of Rs. 20,000 with two sureties of like amount each — Application allowed (Chandra Prakash Singh, J).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30666 of 2025

Arising Out of PS. Case No.-396 Year-2024 Thana- POTHIYA District- Kishanganj

======================================================

Musterun @ Musatrun Wife of Khus Mohammad R/o Ghiyagaon, P.S.Pothia, District - Kishanganj

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mritunjay Kumar For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 21-07-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pothia P.S. Case No. 396/2024 dated 26.12.2024 registered for the offence punishable u/s 103(1), 80(2), 61(2) read with section 3(5) of the B.N.S. Further the cognizance has been taken against the petitioner u/s 80(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.30666 of 2025(3) dt.21-07-2025 2/2

that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is mother-in-law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj in connection with Pothia P.S. Case No. 396/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J)

atul/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, accused in Pothia P.S. Case No. 396/2024 for offences punishable u/s 103(1), 80(2), 61(2) r/w S. 3(5) B.N.S. (alleged, with co-accused, to have strangulated the informant's daughter to death due to non-fulfillment of demand of dowry), is entitled to regular bail.¶14
The court held
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Kishanganj.ratio¶20

Statutes considered

2 provisions across 1 enactments

AI extract

B.N.S.103(1), 80(2), 61(2), 3(5)¶14 80(2), 3(5)¶14

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Pothia P.S. Case No. 396/2024 dated 26.12.2024 for offences punishable u/s 103(1), 80(2), 61(2) read with section 3(5) of the B.N.S.¶14
Prior proceeding
Cognizance taken against the petitioner u/s 80(2) read with Section 3(5) of the B.N.S.¶14
Prior proceeding
Petitioner in custody since 27.12.2024.¶18

Parties & counsel

AI extract

petitioner
Musterun @ Musatrun Wife of Khus Mohammad R/o Ghiyagaon, P.S.Pothia, District - Kishanganj¶4
Mr.Mritunjay Kumar
respondent
The State of Bihar¶7
Mr.Mohammed Arif

Coram

AI extract

Chandra Prakash Singhauthor¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 21 Jul 2025 · July
Registered: 1 May 2025
Case no.: CR. MISC./30666/2025
CNR: BRHC010415492025
Topic: Murder and Culpable Homicide
Bench: Chandra Prakash Singh
Disposal: BAIL GRANTED
Case type: CR. MISC.

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Cite this judgement

Musterun @ Musatrun v. The State of Bihar, CR. MISC./30666/2025 (PAT), decided on 21 July 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

B.N.S.103(1), 80(2), 61(2), 3(5) · 80(2), 3(5)

View all statutes

Procedural history3

Registration of Pothia P.S. Case No. 396/2024 dated 26.12.2024 for offences punishable u/s 103(1), 80(2), 61(2) read with section 3(5) of the B.N.S.
Cognizance taken against the petitioner u/s 80(2) read with Section 3(5) of the B.N.S.

View full history

Bench / Coram

Chandra Prakash Singh

Parties & counsel