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Patna High Court

Mustafa Hussain @ Musatufa HusainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Mustafa Hussain, sought anticipatory bail fearing arrest in a case registered under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita concerning the alleged dowry‑related death of his sister. He contended that the FIR was based on the testimony of an informant who is the brother of the deceased's husband and that there was no eyewitness evidence or specific dowry demand mentioned. The petitioner argued that he has a clean record, was not involved in disposing of the body, and would cooperate with the investigation. The State opposed the bail, asserting the seriousness of the allegations. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties and subject to Section 482(2) of the BNSS, reserving the right to cancel bail if the petitioner fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the allegations under Sections 80 and 3(5).
  • Whether the FIR and the material on record justify denial of bail on grounds of potential tampering with evidence or absconding.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • false implication
  • Section 80 BNSS
  • Section 3(5) BNSS
  • Section 482 BNSS
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4604 of 2026
                       Arising Out of PS. Case No.-285 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Mustafa Hussain @ Musatufa Husain Son of Mulazim Hussain @ Molajim
                 Hussain Resident of Village- Sonbarsa, P.S.- Panapur, District- Saran
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari
                 For the Opposite Party/s :       Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 80 and

                   3(5) of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his sister was married to Musaraf about two years

                   ago, further after marriage, his sister was tortured for dowry,

                   further on 8-10-2025, the informant brought his sister from her

                   parental home to the matrimonial home and on 9-10-2025 at

                   9:30 am, he got a call from Sabir, who asked him to come,

                   accordingly he reached the place of occurrence and saw the

                   dead body of his sister lying with noose around her neck, thus

                   alleges that accused persons killed her.
Patna High Court CR. MISC. No.4604 of 2026(2) dt.13-03-2026
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                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, being brother of the husband of the deceased. It is

          next submitted that from perusal of the allegations as alleged in

          the FIR, it would manifest that informant is not an eyewitness to

          the occurrence and the entire allegation hinges around suspicion

          and the FIR does not even remotely suggest that as to what was

          being demanded in dowry. It is further 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 also submitted that had the

          petitioner and his family members been involved in the

          occurrence, in that event, efforts would have been made to

          dispose of the dead body with a view to conceal evidence, but

          then the dead body was sent for postmortem for ascertaining the

          cause of death. It is further submitted that husband of the

          deceased had approached this Court seeking anticipatory bail by

          filing Cr. Misc No. 8286 of 2026 and the same came to be

          allowed by an order dated 17-2-2026 by a learned Co-ordinate

          Bench. It is thus submitted that the case of the petitioner is on

          better footing. It is also submitted that petitioner will not
            Patna High Court CR. MISC. No.4604 of 2026(2) dt.13-03-2026
                                                        3/3




                      abscond rather will co-operate in the investigation to prove his

                      innocence.

                               5.     Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                               6.     Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the

                      event of his arrest or 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) 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 Panapur P.S. Case No. 285 of 2025, subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                               7.     However, it is made clear that in the event, if the

                      Investigating Officer of the case files an application before the

                      learned trial court bringing to its notice that the petitioner,

                      despite giving assurance to this Court, is not cooperating in the

                      investigation, in that event, the learned trial court shall be at

                      liberty to cancel the bail bonds of the petitioner.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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