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Patna High Court

Md. Jalauddin @ Md. SahirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to the stipulated conditions.

Summary

The petitioners, aged 78 and 75, are the father‑in‑law and mother‑in‑law of a woman who was found hanged, and they were implicated in a dowry‑death case under Sections 103(1), 80 and 3(5) of the B.N.S., 2023. They sought anticipatory bail, arguing that they are senior citizens with clean antecedents, that the informant is not an eyewitness, and that the FIR does not specify any dowry demand. The petitioners further contended that the post‑mortem indicated death by asphyxia due to hanging and that independent witnesses support a suicide conclusion. The State opposed the bail, but the court noted the lack of direct evidence against the petitioners and their willingness to cooperate with the investigation. Accordingly, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in a dowry‑death case.
  • Whether the petitioners can be considered prima facie liable based on the FIR and the informant’s statements.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • senior citizens
  • false implication
  • FIR
  • Section 103
  • Section 80
  • Section 3(5)
  • Section 482
  • suicide vs homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16510 of 2026
                 Arising Out of PS. Case No.-258 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
                 ======================================================
           1.     Md. Jalauddin @ Md. Sahir Son of Md. Rafique Sardar Resident of
                  Mohalla- Makhdumpur, P. S- Mufassil, District- Katihar
           2.    Fatkan Khatoon @ Fatkania @ Fatkaniya wife of Md. Jalauddin @ Md.
                 Sahir Resident of Mohalla- Makhdumpur, P. S- Mufassil, District- Katihar


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajendra Prasad Sah
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER


3   28-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 103(1), 80,

                   3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 is aged about 78 years and petitioner no.2 is aged

                   about 75 years and are persons with clean antecedent and the

                   informant alleges that his daughter was married to Mubarak

                   about two years back and out of the wedlock a son was born,

                   further the accused persons used to torture her for dowry, for
Patna High Court CR. MISC. No.16510 of 2026(3) dt.28-04-2026
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          which, a panchayati was convened, but still the accused persons

          continued with torture and assault, further on 29.10.2025 at 4

          P.M. the informant was informed that his daughter has been

          killed by her husband and the accused persons by hanging her,

          accordingly he reached the place of occurrence and saw the

          dead body of his daughter lying in the verandah and the accused

          persons had fled, thus alleges that his daughter was killed by the

          accused persons including the petitioners.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case being

          father-in law and mother-in-law. It is further submitted that the

          victim died within seven years of marriage but then all deaths

          are not dowry death. It is further submitted that though

          informant alleges that the victim was tortured for non-

          fulfillment of the dowry demand but then from perusal of the

          allegation as alleged in the FIR, it would manifest that the same

          does not even remotely suggest that as to what was demanded

          by the accused persons in form of dowry. It is also submitted

          that informant is not an eyewitness to the occurrence nor any

          case came to be instituted either by the informant or the victim

          alleging torture, for non-fulfillment of dowry demand in these

          two years. It is next submitted that the entire allegation hinges
Patna High Court CR. MISC. No.16510 of 2026(3) dt.28-04-2026
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          around suspicion. It is further submitted that had the petitioners

          been involved in the occurrence along with others, in that event,

          efforts would have been made to dispose of the dead body with

          a view to conceal evidence but then the dead body was lying in

          the house and was sent for postmortem for ascertaining the

          cause of death. It is also submitted that whenever any dispute

          arises in between the husband and the wife and the occurrence

          of the nature as alleged takes place, the entire family members

          are implicated in a mechanical manner with general and

          omnibus allegation. It is reiterated and submitted that petitioners

          are aged about 78 and 75 years and have remained a person with

          clean antecedent and have other sons and daughter-in-law but

          they never came to be implicated in such a case and they also

          reside separately from the husband of the deceased but then in a

          mechanical manner the informant implicated them. It is also

          submitted that postmortem report records cause of death as

          asphyxia on account of hanging. It is thus submitted that it

          appears that the victim being aggrieved by her husband

          committed suicide. It is also submitted that if privilege of

          anticipatory bail is granted to the petitioners, the petitioners will

          not abscond rather will cooperate in the investigation to prove

          their innocence. It is also submitted that in course of
Patna High Court CR. MISC. No.16510 of 2026(3) dt.28-04-2026
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          investigation,      statement       of    independent   witnesses   were

          recorded, who have also stated that the victim committed

          suicide.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioners. Learned counsel for the

          informant is not in a position to rebut the submission of the

          learned counsel appearing on behalf of the petitioners that

          informant is not an eyewitness to the occurrence, FIR does not

          disclose that what was being demanded in dowry and the

          allegation of assault against the petitioners is general and

          omnibus in nature and petitioners are senior citizens with clean

          antecedent and have other sons and daughter-in-law but they

          never came to be implicated in such a case and they reside

          separately.

                       6. After hearing the learned counsel for the parties, the

          petitioners above-named, in the event of their arrest or surrender

          within a period of six weeks from today, be released on

          anticipatory bail 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 trial court where the

          case is pending/successor court in connection with Muffasil P.S.
             Patna High Court CR. MISC. No.16510 of 2026(3) dt.28-04-2026
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                       Case No.258/2025, subject to the conditions as laid down under

                       Section 482(2) of the B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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