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Patna High Court

Munna Petiwala @ Md. MunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to anticipatory bail, subject to the stipulated bond and conditions, as the allegations do not preclude the grant of bail.

Summary

The petitioners, nine relatives of a deceased woman, sought anticipatory bail fearing arrest in a dowry‑death case (Sugauli P.S. Case No. 488 of 2024) filed under Sections 80 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that the deceased was tortured for dowry and later died, with the husband already in judicial custody. The petitioners contended they were innocent, had clean records, and were being implicated merely as relatives of the prime accused. The State opposed bail, arguing the allegations were serious. The Court, after hearing both sides, granted anticipatory bail to the petitioners, subject to a bond of Rs 30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the BNS, 2023, and warned that bail could be cancelled if charges are framed and they fail to appear.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the Bhartiya Nyaya Sanhita, 2023 in the present dowry‑death case.
  • Whether the nature of the allegations under Sections 80 and 3(5) of the BNS, 2023 justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 80
  • Section 3(5)
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21945 of 2026
                   Arising Out of PS. Case No.-488 Year-2024 Thana- SUGAULI District- East Champaran
                 ======================================================
           1.     Munna Petiwala @ Md. Munna Son of Izhar Hussain Resident of Village-
                  Hasanpur, P.S.- Sugauli, District- East Champaran
           2.    Chanda Khatoon Wife of Sharukh Alam @ Sharukh Ali Resident of Village-
                 Hasanpur, P.S.- Sugauli, District- East Champaran
           3.    Saira Khatoon wife of Munna Petiwala @ Md. Munna Resident of Village-
                 Hasanpur, P.S.- Sugauli, District- East Champaran
           4.    Sabba Khatoon @ Sabba Wife of Farukh Alam @ Faruk ali Resident of
                 Village- Hasanpur, P.S.- Sugauli, District- East Champaran
           5.    Sharukh Alam @ Sharukh Ali Son of Munna Petiwala @ Md. Munna
                 Resident of Village- Hasanpur, P.S.- Sugauli, District- East Champaran
           6.    Shabaz Alam @ Sahbaj Ali Son of Munna Petiwala @ Md. Munna Resident
                 of Village- Hasanpur, P.S.- Sugauli, District- East Champaran
           7.    Farukh Alam @ Faruk Ali Son of Munna Petiwala @Md. Munna Resident
                 of Village- Hasanpur, P.S.- Sugauli, District- East Champaran
           8.    Sabnam Khatoon @ Ruksana Khatoon @ Shabnam @ Ruksana Daughter of
                 Munna Petiwala @ Md. Munna Resident of Village- Hasanpur, P.S.-
                 Sugauli, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kant Singh, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Sugauli P.S. Case No. 488 of 2024, dated

                   04.11.2024, lodged under Sections 80 & 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).
Patna High Court CR. MISC. No.21945 of 2026(2) dt.16-04-2026
                                            2/3




                       3. As per the prosecution, FIR has been lodged

          against nine named accused persons, including the present

          petitioners, stating that the marriage of the informant’s daughter

          was solemnized with one Shaif Alam, and she was subjected to

          torture for the demand of dowry. It has been further alleged that

          although the informant’s side assured to make payment of Rs.

          5,00,000/- in future, but before that his daughter was no more,

          and by the time he reached there, the dead body was disposed

          of.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that the husband of the deceased, who

          is the prime accused, is already in judicial custody, and the rest

          of the persons are relatives of the deceased’s husband, and due

          to this reason, they have been made accused. Counsel further

          submits that the trial is going on. Counsel also submits that the

          criminal antecedents of the petitioners are clean.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that the deceased’s

          husband is in judicial custody and the allegations are general

          and omnibus in nature.

                       6. As such, in the present facts and circumstances of
          Patna High Court CR. MISC. No.21945 of 2026(2) dt.16-04-2026
                                                      3/3




                    this case, let the above named petitioners be released on

                    anticipatory bail, in the event of arrest or surrender before the

                    Trial Court within a period of 4 weeks from today, on furnishing

                    bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as

                    mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of Judicial Magistrate-1st Class, Motihari, in

                    connection with Sugauli P.S. Case No. 488 of 2024, subject to

                    the conditions as laid down U/s 482(2) of the BNSS, 2023.

                                 7. It is made clear that if the charge has not been

                    framed and the petitioners fail to appear on the date of framing

                    of charge, the Trial Court shall be at liberty to take steps for

                    cancellation of the bail bonds.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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