Created by Fuzzy Cloud

Patna High Court

Md. Kausher Ali @ Md. Kausher @ Kausher AliversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.