Patna High Court
Ajij AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, finding no specific allegation in the FIR and noting their clean antecedent.
Summary
The petitioners, relatives of a deceased woman, were arrested in connection with a dowry death alleged under Sections 80 and 3(5) of the BNS. They applied for bail, claiming a clean antecedent and that the FIR contains only a generic allegation without any specific charge of assault, overt act, or dowry demand against them. The prosecution opposed the bail. The court noted the absence of specific allegations in the FIR and the petitioners' clean record, and consequently ordered their release on bail with a bond of Rs.10,000 each and several conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents by the lower court. The petition was disposed of with bail granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused in a dowry death case under Sections 80/3(5) of the BNS when the FIR lacks specific allegations against them.
Legislation cited
- BNS — s. 3(5), 80
Subjects
- dowry death
- bail
- clean antecedent
- FIR
- specific allegation
- Section 80
- Section 3(5)
- BNS
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3288 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
1. Ajij Ansari Son of Late Badar Miyan @ Late Badar Miya @ Late Badar
Ansari
2. Ayasa Khatoon wife of Ajij Ansari
3. Ayasa Khatoon @ Aisha Khatoon Wife of Sagir Ansari
All Resident of Village -Jhakhara PS- Jagdishpur, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-01-2026 Heard Mr.Sanjeev Kumar Shrivastava, learned
counsel for the petitioners and Mr.Pawan Kumar Chaurasia,
learned Additional Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
06.10.2025 in connection with Jagdishpur P.S. Case No. 192 of
2025, F.I.R. dated 05.10.2025 registered for the offence
punishable under Sections 80/3(5) of BNS.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the daughter
of the informant.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.3288 of 2026(2) dt.21-01-2026
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submits that the petitioners have clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. From a bare perusal of the FIR, it appears that although the
petitioners are named in the FIR but there is no specific
allegation of any assault, overt-act or demand of dowry
attributed against the petitioners rather there is general and
omnibus allegation against all the accused persons including the
petitioners. Petitioner No.1 is father-in-law, petitioner No.2 is
mother-in-law and petitioner No.3 is sister-in-law of the
deceased and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 06.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault,
overt-act or demand of dowry attributed against the petitioners
in the FIR, let the petitioners, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand)each with
two sureties of the like amount each to the satisfaction of
learned C.J.M., West Champaran, Bettiah in connection with
Patna High Court CR. MISC. No.3288 of 2026(2) dt.21-01-2026
3/3
Jagdishpur P.S. Case No. 192 of 2025, with the following
conditions:-
(I) Petitioners 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 theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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