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Patna High Court

Md. Laddan @ Md. LadanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioners, subject to bond, surety and cooperation conditions, as the allegations were not substantiated and the informant was not an eye‑witness.

Summary

The petitioners, members of the family of a deceased woman, sought anticipatory bail after being implicated in a dowry‑related death case registered under Sections 80 and 3(5) of the Bihar Narcotic Substances Act. The informant alleged that the victim had warned him of a threat of murder by her in‑laws over a Rs.5 lakh dowry demand, and that she was later found strangulated. The petitioners contended that the informant was not an eye‑witness, the death was a suicide by hanging, and the allegations were vague and fabricated after six and a half years of marriage. The State and the informant opposed bail but could not refute the petitioners’ claim that the informant did not act on the alleged warning. The Court, after considering the submissions, granted anticipatory bail subject to a bond, sureties and cooperation conditions, reserving the right to cancel bail if the investigation is obstructed.

Issues considered

  • The petitioners' right to anticipatory bail under Section 438 of the Criminal Procedure Code in a case involving alleged dowry death.
  • Whether the allegations in the FIR constitute sufficient ground to deny bail, given the informant's lack of eye‑witness status and the medical opinion of suicide.
  • Whether the conditions imposed under Section 482 of the Bihar Narcotic Substances Act are appropriate for the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • false implication
  • eye‑witness
  • suicide vs homicide
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39799 of 2026
                  Arising Out of PS. Case No.-105 Year-2026 Thana- MUFFASIL District- West Champaran
                 ======================================================
           1.     Md. Laddan @ Md. Ladan S/o Late Asgar Ali Resident of Village - Mansha
                  Tola, Ward No.- 32, P.S. - Bettiah (Muffasil), District - West Champaran
           2.    Munni Khatoon @ Mumtaj Khatoon W/o Md. Laddan @ Md. Ladan
                 Resident of Village - Mansha Tola, Ward No.- 32, P.S. - Bettiah (Muffasil),
                 District - West Champaran
           3.    Gulafash Khatoon @ Laddo Dokhtar @ Lado D/o Md Laddan @ Md. Ladan
                 Resident of Village - Mansha Tola, Ward No.- 32, P.S. - Bettiah (Muffasil),
                 District - West Champaran
           4.    Md Altamas @ Altamas S/o Md Laddan @ Md. Ladan Resident of Village -
                 Mansha Tola, Ward No.- 32, P.S. - Bettiah (Muffasil), District - West
                 Champaran
           5.     Guriya Dokhtar @ Mahavish Gajal @ Gudiya D/o Md Laddan @ Md.
                  Ladan Resident of Village - Mansha Tola, Ward No.- 32, P.S. - Bettiah
                  (Muffasil), District - West Champaran
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bimlesh Kumar Pandey, Advocate
                 For the State           :        Mr. Murli Dhar, A.P.P.
                 For the Informant       :        Mr. Avinash Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-06-2026                   1. Heard Mr. Bimlesh Kumar Pandey, learned counsel

                   for the petitioners, learned A.P.P. for the State and learned

                   counsel appearing on behalf of the informant.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 80 and

                   3(5) of the BNS.

                                 3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitoners no.
Patna High Court CR. MISC. No.39799 of 2026(2) dt.25-06-2026
                                            2/5




          2, 3 and 5 are women and the informant alleges that his

          daughter was married to Md. Mashkur in Ocotober, 2019 and

          after one year of marriage, the husband along with his family

          members started torturing the victim for dowry demand of Rs.5

          lakhs. However, by Panchayati the issue was settled temporarily.

          Further, the victim gave birth to a son and a daughter thereafter

          again dowry demand of Rs.5 lakhs started. It is next alleged that

          on 04.03.2026 at 10:00 p.m. the victim informed the informant

          that accused persons may kill her for non-fulfillment of dowry

          demand. Thereafter, on 06.03.2026, the informant received an

          information at 07:00 a.m. that victim was strangulated to death,

          accordingly, he reached the place of occurrence and saw that her

          in-laws were prepairing for her burial.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          deceased was married to Md. Mashkur in the year 2019 and the

          instant FIR came to be instituted in the year 2026, i.e., after

          more than six and half years of marriage. It is next submitted

          that in between these six and half years, no case ever came to be

          instituted either by the deceased or the informant alleging
Patna High Court CR. MISC. No.39799 of 2026(2) dt.25-06-2026
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          torture on account of non-fulfillment of dowry demand. It is

          also submitted that informant is not an eye-witness to the

          occurrence and the allegation of demand of dowry and torture is

          general and omnibus in nature. It is further submitted that it

          absolutely does not stand to reason that if the victim on

          04.03.2026 had called the informant and informed that she

          apprehends that accused persons would kill her for non-

          fulfillment of dowry demand then why the informant did not

          immediately rush to the matrimonial home of his daughter

          which amply demonstrates that no such disclosure was made by

          the victim to the informant as the informant alleges that on

          06.03.2026, he received an information that the victim has been

          strangulated to death which amply demonstrates that the

          informant did not go to the matrimonial home of the victim on

          04.03.2026 and 05.03.2026. It is next submitted that cause of

          death has been opined to be asphyxia on account of hanging

          which amply demonstrates that victim committed suicide. It is

          also submitted that whenever any dispute arises in between the

          husband and the wife and the occurrence of the nature as alleged

          takes place, the entire family members are implicated in a

          mechanical manner with general and omnibus allegation. It is

          further submitted that had the petitioners been involved in the
Patna High Court CR. MISC. No.39799 of 2026(2) dt.25-06-2026
                                            4/5




          occurrence then efforts would have been made to dispose of the

          dead body with a view to conceal the evidence but then the dead

          body was sent for postmortem for ascertaining the cause of

          death and the Doctor opined asphyxia on account of hanging as

          a cause of death. It is next submitted that sisters of the husband

          of the deceased have also been made an accused who are of

          marriageable age. It is also submitted that if the privilege of

          anticipatory bail is granted to the petitioners, the petitioners will

          not abscond rather will cooperate in the investigation to prove

          their innocence.

                       5. Learned Additional Public Prosecutor for the State

          and learned counsel appearing on behalf of the informant

          opposed the prayer for anticipatory bail of the petitioners but

          then are not in a position to rebut the submissions of the learned

          counsel appearing on behalf of the petitioners that informant is

          not an eyewitness to the occurrence and the cause of death is not

          strangulation and if the victim had disclosed to the informant on

          04.03.2026 that the accused persons may kill her then why he

          did not rush immediately to the matrimonial home of the victim.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or
           Patna High Court CR. MISC. No.39799 of 2026(2) dt.25-06-2026
                                                       5/5




                     surrender within a period of six weeks from today, be released

                     on anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where

                     the case is pending/Successor Court in connection with Bettiah

                     (Mufassil) P.S. Case No. 105 of 2026, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.

                                  7. However, it is made clear that if the Investigating

                     Officer of the case files an application before the learned Trial

                     Court bringing to its notice that the petitioners, despite giving

                     assurance to this Court, are not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioners.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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