Patna High Court
Ashraf Ali @ Md. Asraf @ Mohamad AsrafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 363, 366(A), 498(A), 506/34
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
Checking your session…