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Patna High Court

Md. TazmulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.5348 of 2026(2) dt.28-01-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.5348 of 2026(2) dt.28-01-2026
                                                           3/3




                         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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