Patna High Court

Ansar Mian @ Ansar HussainversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail was denied because the FIR specifically alleged a dowry‑related homicide, and the seriousness of the offence outweighed the petitioners' claim of innocence.

Summary

The petitioners, Ansar Mian, his wife Sakila Khatoon, and their daughter Reshami Khatoon, were accused in a dowry death case for allegedly causing the death of the informant's daughter due to non‑fulfilment of dowry demands. They sought anticipatory bail under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, claiming innocence and that the death resulted from a gastric ailment. The State opposed the bail, emphasizing the FIR’s specific allegation of dowry‑related homicide. The High Court, finding the seriousness of the charge and the specific dowry allegation, refused to grant anticipatory bail. However, the Court directed that the petitioners surrender within six weeks, after which the trial court should consider a surrender‑cum‑bail application without prejudice.

Issues considered

Whether anticipatory bail can be granted to the petitioners under sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in a dowry death case.
Whether the specific allegation of dowry‑related homicide justifies denial of bail despite the petitioners' claim of innocence.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80

Subjects

anticipatory bail
dowry death
Bharatiya Nyaya Sanhita
section 80
section 3(5)
criminal law
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13305 of 2026
                    Arising Out of PS. Case No.-614 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Ansar Mian @ Ansar Hussain Son of Late Suleman Mian @ Usman Mian
                  Resident Of Village- Saratha, P.s. -Dhaka, District -East Champaran
           2.    Sakila Khatoon Wife of Ansar Mian @ Ansar Hussain Resident Of Village-
                 Saratha, P.s. -Dhaka, District -East Champaran
           3.     Reshami Khatoon @ Reshma Khatoon Daughter Ansar Mian @ Ansar
                  Hussain Resident Of Village- Saratha, P.s. -Dhaka, District -East Champaran
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar, Advocate
                 For the Opposite Party/s :       Ms.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER
3   29-04-2026                  Heard learned Counsel for the petitioners and learned

                   APP for the State.

                                2. The        petitioners     who      apprehends       arrest    in

                   connection with Dhaka P.S. Case No. 614 of 2025 lodged

                   on03.11.2025, for the offences punishable under sections 80 and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The accusation against the petitioners is that they

                   caused the death of the informant’s daughter on account of non-

                   fulfilment of dowry demand.

                                4. Learned counsel for the petitioners submits that the

                   petitioners, who are the father-in-law, mother-in-law, and the

                   married sister-in-law of the deceased, are innocent and have

                   committed no offence. It is further submitted that the petitioners
            Patna High Court CR. MISC. No.13305 of 2026(3) dt.29-04-2026
                                                        2/2




                      have clean antecedents and reside separately from the deceased.

                      Learned counsel also contends that the death of the informant’s

                      daughter occurred due to a gastric ailment and not on account of

                      any dowry-related harassment.

                                   5. Learned A.P.P. for the State vehemently opposes

                      the prayer for bail and submits that, as per the F.I.R., there is a

                      specific allegation that the informant’s daughter was killed due

                      to non-fulfilment of dowry demand.

                                   6. In this background, this Court is not inclined to

                      grant bail to the petitioners. Accordingly, the prayer for bail of

                      the petitioners in connection with Dhaka P.S. Case No. 614 of

                      2025, pending before the learned Sub-Divisional Judicial

                      Magistrate, Sikrahana at Dhaka, East Champaran at Motihari is

                      hereby rejected.

                                    7. However, if the petitioners surrender before the

                      Trial Court within six weeks from today, the Trial Court is

                      directed to pass an order on their surrender-cum-bail application

                      on the same day, without being prejudiced by the fact that the

                      petitioners’ anticipatory bail has been rejected by this Court.


                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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