Patna High Court
Md. TazmulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Tazmul, was arrested in connection with a dowry death case (Jogbani P.S. Case No. 144 of 2020) under Sections 304B, 201 and 34 of the IPC. He applied for bail, contending that he was not named in the FIR, has a clean antecedent, and that the allegations are fabricated. The State opposed the bail application. The court examined the fact that the petitioner’s son, the husband of the deceased, is already in judicial custody, and noted the petitioner’s claim of non‑inclusion in the FIR. Considering these circumstances, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the lower court.
Issues considered
- Whether bail should be granted to a person accused under Sections 304B, 201 and 34 of the IPC in a dowry death case.
- Whether the petitioner’s claim of not being named in the FIR and having a clean antecedent warrants bail.
- Whether the presence of the petitioner’s son in judicial custody influences the bail decision.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- dowry death
- bail
- IPC
- Section 304B
- Section 201
- Section 34
- criminal antecedent
- false FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5348 of 2026
Arising Out of PS. Case No.-144 Year-2020 Thana- JOGBANI District- Araria
======================================================
Md. Tazmul Son of Md. Israil Resident of village - Amona Mirganj Ward No.-
07, Police Station - Jogbani, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr.Mukesh Kumar Rana, learned counsel for
the petitioner and Mr.Narsingh Tanti, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
27.09.2025 in connection with Jogbani P.S. Case No. 144 of
2020, F.I.R. dated 13.06.2020 registered for the offence
punishable under Sections 304B,201/34 of IPC.
3. Allegation against the petitioner is that he
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 petitioner
submits that the petitioner has clean antecedent. Petitioner is not
named in the FIR. The name of the petitioner has been
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transpired during investigation in the supervision report No.2.
The allegation as alleged in the FIR is false and fabricated and
the petitioner has not committed any offence as alleged in the
FIR. Husband of the deceased, who happens to be the son of
the petitioner, namely, Md. Hastam, is in judicial custody since
14.06.2020 and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 27.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, initially the
petitioner is not named in the FIR and son of the petitioner, who
happens to be the husband of the deceased, is in judicial custody
since 14.06.2020, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Araria in connection with Jogbani P.S. Case No.
144 of 2020, with the following conditions:-
(I) Petitioner 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 his/her absence on two consecutive dates without sufficient
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reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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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