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Patna High Court

Ajij AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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