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Patna High Court

Ashraf Ali @ Md. Asraf @ Mohamad AsrafversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application and ordered the petitioner’s release on bail.

Summary

The petitioner, Ashraf Ali, was arrested in connection with a case registered under PS‑24 of 2023 for alleged offences including theft, kidnapping for ransom, dowry death, hurt and criminal intimidation, as well as violations of the Dowry Prohibition Act. The prosecution alleged that he, together with other accused, tortured the informant’s daughter for non‑payment of dowry, while the petitioner contended that he is the husband of the informant’s daughter and never demanded dowry, asserting that the allegations are vague and unfounded. He had been in custody since 23 December 2025 and a charge‑sheet had already been filed. The State opposed the bail application, citing the seriousness of the charges. The Court, after considering the nature of the accusations and the length of custody, granted regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the Sub‑Divisional Judicial Magistrate, Siwan.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and the Dowry Prohibition Act.

Legislation cited

Subjects

  • bail
  • dowry prohibition
  • IPC offences
  • criminal intimidation
  • theft
  • kidnapping
  • dowry death
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19405 of 2026
                 Arising Out of PS. Case No.-24 Year-2023 Thana- GAUTAMBUDHNAGAR District- Siwan
                 ======================================================
                 Ashraf Ali @ Md. Asraf @ Mohamad Asraf Son of Nasir Ahmed Resident of
                 Village- Nautan, P.S.- G.B. Nagar, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :     Mr. Harendra Prasad, A.P.P.
                 For the Informant        :     Mr. Satish Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-05-2026                   Heard learned counsel for the petitioner, informant

                   and learned A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   G.B. Nagar P. S. Case No. 24 of 2023 registered for the offences

                   punishable under Sections 363, 366(A), 498(A), 323, 506/34 of

                   the Indian Penal Code and Sections 3/4 of the Dowry

                   Prohibition Act.

                                3. As per prosecution case, this petitioner along with

                   other F.I.R. named accused persons tortured and harassed the

                   daughter of informant due to non-fulfillment of demand of

                   dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner
              Patna High Court CR. MISC. No.19405 of 2026(2) dt.01-05-2026
                                                          2/2




                        is husband of the daughter of informant and he never demanded

                        any dowry. Allegation against petitioner is general and omnibus.

                        Petitioner is in custody since 23.12.2025. Charge-sheet has

                        already been submitted.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this bail application is allowed. The petitioner, above

                        named, is directed to be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned Sub-Divisional

                        Judicial Magistrate, Siwan in connection with G.B. Nagar P. S.

                        Case No. 24 of 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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