Patna High Court
Md. Hasan @ Hasan AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing release on a bail bond with sureties.
Summary
The petitioner, Md. Hasan, father‑in‑law of a deceased woman, was arrested in a dowry‑death case (Barari P.S. Case No. 306 of 2025) under multiple sections of the Bhartiya Nyay Sanhita, 2023 and the Dowry Prohibition Act. He contended that he was falsely implicated because of his familial relationship with the victim and that the dowry‑torture allegations were baseless. The trial court had denied bail to both the husband and the petitioner, and the petitioner had been in custody since 29‑September‑2025. The High Court, after hearing counsel, considered the seriousness of the FIR, the material gathered during investigation, the petitioner’s five‑month pre‑trial detention, his clean criminal record, and the fact that the charge‑sheet had been filed. Applying the principles of regular bail, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Katihar.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the dowry‑death charges.
- Whether the petitioner’s alleged involvement is merely a false implication arising from his relationship with the deceased.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 118(2), 126(2), 3(5), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- regular bail
- dowry death
- false implication
- Bhartiya Nyay Sanhita
- Dowry Prohibition Act
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14061 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- BARARI District- Katihar
======================================================
Md. Hasan @ Hasan Ali S/O Md. Mumtaz R/O Vill.- Tiktikipara, P.S- Barai,
Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Barari P.S. Case no. 306
of 2025 registered under sections 126(2), 115(2), 118(2), 117(2),
109, 85, 352, 351(2), 3(5) and 103(1) of the Bhartiya Nyay
Sanhita, 2023 and sections 3 and 4 of the Dowry Prohibition
Act.
3. As per the prosecution case, the accused persons
including the petitioner herein who happens to be the father-in-
law of the deceased tortured the daughter of the informant for
dowry and ultimately she was done to death. The informant
states that on having received information and reaching his
daughter's place it transpired that the accused had taken his
Patna High Court CR. MISC. No.14061 of 2026(2) dt.12-03-2026
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daughter for treatment to the Medical College at Katihar.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case only
for the reason of his being the father-in-law of the deceased. The
allegation of demand of dowry and torture are all false and
concocted. The allegations are general and omnibus in nature.
Referring to the order of the learned trial Court, it is submitted
that the husband of the deceased is in custody and his
application for bail was rejected by the same order by which the
application for bail of this petitioner was rejected. The petitioner
is in custody since 29.9.2025 and chargesheet has been
submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.,
the material that has transpired in course of investigation as is evident
from the order of the learned trial Court, the petitioner being in
custody for over 5 months since 29.9.2025, not having any criminal
antecedent and charge sheet having been submitted in the case, the
Court directs the petitioner to be enlarged on bail in connection with
Barari P.S. Case no. 306 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.14061 of 2026(2) dt.12-03-2026
3/3
amount each to the satisfaction of the learned Sub Divisional
Judicial Magistrate, Katihar.
(Partha Sarthy, J)
Bibhash
U T
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