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Patna High Court

Enaytullah @ Enatullah Rain @ Ainayatullah @ Ainatullah Rain @ AinatullahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release on bond and sureties.

Summary

The petitioner, husband of the deceased woman, applied for regular bail in a case registered under sections 304B and 34 of the Indian Penal Code, alleging dowry‑related cruelty and murder. The prosecution alleged that the petitioner was involved in the death of his wife, while the petitioner claimed he was abroad in Dubai at the time of the incident and presented no criminal antecedents. The trial court rejected his alibi due to lack of certified immigration documents. The High Court, after hearing both sides, considered the petitioner’s claim of being abroad, the absence of direct evidence linking him to the assault, and his custodial status since September 2025, and decided to grant bail on condition of a bond and sureties. The order directs his release pending further trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under IPC sections 304B and 34.
  • Whether the petitioner’s alibi of being abroad negates his participation in the alleged offence.
  • Whether the trial court erred in rejecting the petitioner’s documentary evidence.
  • Whether the nature of the alleged dowry death offence precludes the grant of bail.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • IPC 304B
  • common intention
  • alibi
  • judicial custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4968 of 2026
                     Arising Out of PS. Case No.-98 Year-2023 Thana- KANHAULI District- Sitamarhi
                 ======================================================
                 Enaytullah @ Enatullah Rain @ Ainayatullah @ Ainatullah Rain @
                 Ainatullah Son of Md. Shatir @ Satir Rain Resident of village- Marpa @
                 ward no. -4, Marpa, P.S. - Kanhauli, Dist. -Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 304(B) and

                   34 of the Indian Penal Code.

                                3. The case of the prosecution is that the sister of the

                   informant, namely, Rabina Khatoon (deceased) was married to

                   this petitioner. It is alleged that she was subjected to cruelty on

                   account of non-fulfillment of dowry demand of Rs. 5 lacs.

                   From perusal of the FIR, it is clear that the petitioner has gone

                   abroad and has also insisted the deceased to demand cash from

                   her parents for arranging his visit. Further case of the

                   prosecution is that on 10.06.2023, the deceased called her
Patna High Court CR. MISC. No.4968 of 2026(2) dt.04-02-2026
                                            2/3




          mother and informed that she was being assaulted by her in-

          laws. On 11.06.2023, the informant received information that

          the deceased has died. The informant believes that the in-laws

          have killed the deceased.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          FIR, it is clear that the petitioner was abroad at the time of the

          occurrence. During investigation also, the witnesses have stated

          that the petitioner was not present at home at the time of

          occurrence rather he was abroad. From perusal of the order of

          the learned trial court, it is clear that the petitioner has raised

          this claim before the learned trial court that he left for Dubai but

          the learned trial court has not relied this as the ticket which has

          been filed, is only a photocopy and not supported by any

          certified immigration record, boarding verification and other

          documents. Since, in FIR itself, it is stated that the petitioner

          was abroad and the offence was committed at the matrimonial

          home, though the petitioner is husband of the deceased but no

          role of assault is attributed against him. Learned counsel has

          further submitted that during course of investigation, it has also

          come that the deceased had died due to hanging. A statement has
            Patna High Court CR. MISC. No.4968 of 2026(2) dt.04-02-2026
                                                        3/3




                      been made in para-3 of this petition that the petitioner has got no

                      criminal antecedent. Moreover, he is languishing in judicial

                      custody since 15.09.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Kanhauli P.S. Case No. 98 of 2023 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate 1st Class,

                      Sitamarhi.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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