Patna High Court
Enaytullah @ Enatullah Rain @ Ainayatullah @ Ainatullah Rain @ AinatullahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 304B, 34
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
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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
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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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