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Patna High Court

Md. JainuddinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.21386 of 2026(2) dt.10-04-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.21386 of 2026(2) dt.10-04-2026
                                                           4/4




                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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