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Patna High Court

Md. KabirversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioners.

Summary

The petitioners, Md. Kabir (brother‑in‑law) and Md. Sagir (husband), sought anticipatory bail fearing arrest in a dowry‑death case (PS No. 297/2023) involving offences under IPC Sections 304B, 201, 34 and Dowry Prohibition Act Sections 3 and 4. They claimed a clean record and alleged that they were falsely implicated by the informant, noting that earlier anticipatory bail had been granted to the victim’s father‑in‑law and mother‑in‑law. The State argued that the husband had become an accused during investigation, citing evidence of the victim’s body being buried without family knowledge and a post‑mortem indicating throttling. The court considered the State’s submission that the husband’s involvement was now established and that the family’s actions suggested participation. Consequently, the court declined to extend anticipatory bail to the petitioners, rejecting their prayer.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case involving dowry death, IPC Sections 304B, 201, 34 and Dowry Prohibition Act Sections 3, 4.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • IPC
  • Dowry Prohibition Act
  • criminal procedure
  • bail
  • asphyxia
  • common intention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.25 of 2026
                      Arising Out of PS. Case No.-297 Year-2023 Thana- NAUHATTA District- Saharsa
                 ======================================================
           1.     Md. Kabir S/o Md. Akbar @ Md. Akbar Ali Resident of village - Chandrain,
                  Ward No. 13, P.S - Nauhatta, District - Saharsa (Dewar / Brother in -law of
                  deceased)
           2.    Md. Sagir S/o Md. Akbar @ Md. Akbar Ali Resident of village - Chandrain,
                 Ward No. 13, P.S - Nauhatta, District - Saharsa (Husband of deceased)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rupesh Kumar
                 For the Opposite Party/s :       Ms.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026               1.     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.     The petitioners apprehend their arrest in connection

                   with Nauhatta P.S. Case No. 297 of 2023 registered for the

                   offences punishable under Sections 304B, 201 and 34 of the

                   Indian Penal Code and Sections 3 and 4 of Dowry Prohibition

                   Act.

                             3.     Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and the informant

                   alleges that her daughter was married to Md. Sagir (petitioner

                   no. 2) about 7 years back, further for the last two years, the

                   family members of the husband of the victim were demanding
Patna High Court CR. MISC. No.25 of 2026(2) dt.18-02-2026
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          Rs. 2 lakh and when the demand was not met, the victim was

          sent to her parental home, further about 17 days back, the father-

          in-law came and took the victim back to her matrimonial home,

          further on 30-12-2023 at 7 AM, she was informed on her mobile

          that her daughter has been killed, accordingly she reached the

          place of occurrence but could not find her daughter nor any

          family members were present and three little children of her

          daughter were crying in the courtyard, thus alleges that the

          accused persons committed the occurrence and disposed of the

          dead body.

                   4.     Learned counsel for the petitioners submits that

          petitioners, being brother-in-law and husband, have been falsely

          implicated in the instant case by the informant. It is next

          submitted that earlier Md. Akbar and Halima Khatoon had

          approached this Court seeking anticipatory bail by filing Cr.

          Misc No. 24021 of 2024 and the same came to be allowed by an

          order dated 23-7-2024.

                   5.     At this stage, learned APP submits that while

          granting the privilege of anticipatory bail to Md. Akbar and

          Halima Khatoon, the fact which was taken into consideration

          was that the husband of the deceased was not implicated as an

          accused. The learned APP further submits that there is specific
Patna High Court CR. MISC. No.25 of 2026(2) dt.18-02-2026
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          allegation of demand of dowry and the victim was also sent

          back to her matrimonial home when demand of dowry was not

          met, but later the father-in-law came to the parental home of the

          victim and took her back to her matrimonial home and thereafter

          the victim was killed. It is also submitted that the accused

          persons without informing the informant and her family

          members got the dead body buried and when the case came to

          be instituted, it appears that body was excavated and was sent

          for post-mortem and the doctor opined the cause of death to be

          asphyxia on account of throttling. It is further submitted that no

          doubt the husband is not an accused in the FIR as such it was

          presumed that the family members have been implicated for

          ulterior reason leading to grant of anticipatory bail to father-in-

          law and mother-in-law, but then during the course of

          investigation, the husband also came to be implicated. It is also

          submitted that the fact that dead body of the victim was buried

          without informing the family members that amply demonstrates

          the involvement of the family members of the husband of the

          deceased as it is not possible for the husband alone to bury the

          dead body. It is submitted that investigation in the case is

          continuing.

                   6.     Considering the submission made by learned APP,
              Patna High Court CR. MISC. No.25 of 2026(2) dt.18-02-2026
                                                          4/4




                        the Court is not inclined to extend the privilege of anticipatory

                        bail to the petitioners.

                                 7.     Accordingly, the prayer for anticipatory bail of the

                        petitioners is rejected.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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