Patna High Court
Md. JainuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to the conditions imposed.
Summary
The petitioner, Md. Jainuddin, was arrested on 3 August 2025 in connection with a dowry death case (PS Mehsi Case No. 224 of 2025) under Sections 80 and 3(5) of the BNS, 2023. He applied for regular bail, contending that he has a clean antecedent, that the FIR is fabricated, and that no specific allegation of assault, overt act, or dowry demand is made against him. The State opposed the bail. The court noted that similarly situated co‑accused had already been granted anticipatory bail and that the petitioner’s antecedents were clean, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed that verification of antecedents should not delay the bail. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail under Sections 80 and 3(5) of the BNS, 2023 given the absence of specific allegations against him.
- Whether the court should impose conditions on bail in view of the nature of the alleged dowry death offence.
Legislation cited
- BNS, 2023 — s. 3(5), 80
Subjects
- bail
- dowry death
- anticipatory bail
- clean antecedent
- Sections 80 BNS
- Section 3(5) BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21386 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Md. Jainuddin S/o Madish Miya R/o Village- Magrahi Chak, Fatullah, PS-
Mehsi, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Patel, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr.Ranjeet Patel, learned counsel for the
petitioner and Mr.Binod Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
03.08.2025 in connection with Mehsi P.S. Case No. 224 of
2025, F.I.R. dated 01.08.2025 registered for the offence
punishable under Sections 80 and 3(5) of BNS,2023.
3. Allegation against the petitioner is that he
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.21386 of 2026(2) dt.10-04-2026
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has not committed any offence as alleged in the FIR and the
petitioner has been made accused in the present case merely on
the ground that he is father-in-law of the deceased. It appears
from the FIR that the informant is not the eye witness of the
alleged occurrence and there is no specific allegation of any
assault, overt-act or demand of dowry attributed against the
petitioner rather there is general and omnibus allegation against
all the accused persons including the petitioner and similarly
situated co-accused persons, namely, Rubi Khatun @ Rubi
Khatun@ Roji Khatun @ Rubina Khatun and others have been
granted privilege of anticipatory bail by this Court vide order
dated 17.02.2026 passed in Cr. Misc. No.91986 of 2025 and son
of the petitioner, who happens to be the husband of the
deceased, is in judicial custody since 24.11.2025 and the police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 03.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, there is no specific allegation of any assault, overt-
act or demand of dowry attributed against the petitioner in the
FIR, similarly situated co-accused persons have been granted
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privilege of anticipatory bail by this Court and son of the
petitioner, who happens to be the husband of the deceased, is in
judicial custody, let the petitioner, above named, 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
learned C.J.M., Motihari, East Champaran in connection with
Mehsi P.S. Case No. 224 of 2025, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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