Patna High Court
Md. Kausher Ali @ Md. Kausher @ Kausher AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioners subject to the stipulated bond and conditions.
Summary
The petitioners, who are the father‑in‑law, mother‑in‑law and brothers‑in‑law of a deceased woman, applied for bail fearing arrest in a case registered under Sections 85, 80 and 3(5) of the Bharatiya Nyaya Sanhita and Section ¾ of the Dowry Prohibition Act. The prosecution alleges that the deceased was subjected to dowry harassment, assault and ultimately murder by the accused, including the petitioners. The petitioners contended that they were falsely implicated, have no criminal antecedent, and that the husband of the deceased is already in custody. The State opposed bail. After considering the familial relationship, clean records, and the fact that the primary accused is already detained, the court ordered bail for the petitioners subject to a bond and sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to bail despite allegations under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 3(5), 80, 85
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- dowry harassment
- murder
- criminal procedure
- family law
- over‑implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14950 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- HASANPUR District- Samastipur
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1. Md. Kausher Ali @ Md. Kausher @ Kausher Ali S/O Md Aoli R/o Vill.-
Goldah, Sasan, P.S - Hasanpur, District - Samastipur, Bihar
2. Md. Manjur Alam S/O Md. Kausher Ali @ Md. Kausher @ Kausher Ali R/o
Vill.- Goldah, Sasan, P.S - Hasanpur, District - Samastipur, Bihar
3. Md. Mansur Alam S/O Md. Kausher Ali @ Md. Kausher @ Kausher Ali R/o
Vill.- Goldah, Sasan, P.S - Hasanpur, District - Samastipur, Bihar
4. Hadisha Khatoon W/O Md. Kausher Ali @ Md. Kausher @ Kausher Ali R/o
Vill.- Goldah, Sasan, P.S - Hasanpur, District - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 85, 80, 3(5) of Bharatiya Nyaya
Sanhita and Section ¾ of the Dowry Prohibition Act.
3. As per prosecution case, informant solemnized the
marriage of his daughter with co-accused Md. Hakkani in the
year 2021. From their wedlock, two female children were born.
After some time of marriage, the husband and in laws of
informant’s daughter started abusing, assaulting and demanding
Patna High Court CR. MISC. No.14950 of 2026(2) dt.12-03-2026
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Rs.50,000/- from her. Due to non-fulfillment of the same, she
was tortured and ill treated. It is further alleged that on
08.09.2025 at night, all the accused persons including these
petitioners committed murder of informant’s daughter.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that petitioner nos. 1 and 4
are father-in-law and mother-in-law of the deceased and
petitioner nos. 2 and 3 are brother-in-laws of the deceased.
Petitioners are victims of over implications. They are separate in
mess and property and have never tortured the deceased nor
demanded any dowry. The husband of the deceased is already
under custody. Petitioners have no criminal antecedent. They
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case as well the as the fact that petitioners are in-laws of the
deceased, husband of the petitioner is already under custody and
clean antecedents of the petitioners, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
Patna High Court CR. MISC. No.14950 of 2026(2) dt.12-03-2026
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from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Rosera, Samastipur in connection with Hasanpur P.S. Case No.
167 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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