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Patna High Court

AKMAL HUSSAINversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

The petitioner, Akmal Hussain, sought bail in a case (Amdabad P.S. Case No.135 of 2025) where he was accused under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 for the alleged killing of his wife’s daughter over a dowry demand. He contended that the allegations were baseless, noting that his marriage had lasted 25 years with no prior complaints, he had no criminal record, and the post‑mortem report showed death by asphyxia due to hanging with no injuries. The State opposed bail, relying on the dowry‑death allegation. The court examined the post‑mortem findings, the fact that charges had already been framed, and the petitioner’s cooperation, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to his presence in court. The trial court was directed to expedite the trial and may cancel bail if the petitioner is absent on two consecutive dates without sufficient cause.

Issues considered

  • Whether bail should be granted to the petitioner accused under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 in a dowry‑death case.

Legislation cited

Subjects

  • bail
  • dowry death
  • Bihar Narcotic Substances Act
  • criminal procedure
  • post‑mortem
  • hanging

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69096 of 2025
                      Arising Out of PS. Case No.-135 Year-2025 Thana- AMDABAD District- Katihar
                 ======================================================
                 AKMAL HUSSAIN Son of Kuddus Ali @ Kudus Ali Resident of Village -
                 Garad Tola @ Gard Tola, Kishanpur Ward No.- 14, P.S.- Amdabad, District -
                 Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pawan Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 For the O.P. No.2        :       Mr. Bimal Kumar, Adv.
                                                  Ms. Jagriti Rani, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   20-02-2026                     Heard learned counsel for the petitioners, learned

                   APP for the State and learned counsel for the opposite party

                   no.2.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Amdabad P.S. Case no.135 of 2025

                   registered under sections 103(1) and 3(5) of BNS, 2023.

                                  3. Allegation in the F.I.R is that accused persons

                   killed the informant’s daughter due to non-fulfillment of

                   demand of dowry.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the present case merely

                   on the ground that he is the husband of the deceased. It is
Patna High Court CR. MISC. No.69096 of 2025(6) dt.20-02-2026
                                            2/3




          contended that only general and omnibus allegations have been

          levelled against him regarding the alleged demand of dowry and

          causing the death of the deceased on account of non-fulfilment

          of such demand. It is further submitted that the marriage

          between the petitioner and the deceased was solemnized about

          25 years ago with four children born out of the said wedlock and

          no complaint was filed against petitioner during such long span

          of marital life. Further, the post-mortem report indicates that no

          internal or external injuries were found on the body of the

          deceased and the cause of death has been opined as asphyxia as

          a result of hanging. The petitioner has no criminal antecedent

          and he is in custody since 25.05.2025. He undertakes to co-

          operate in the case/trial and            charges have been framed on

          12.12.2025.

                       5. The application for bail is opposed by learned

          A.P.P. for the State and learned counsel for the opposite party

          no.2 on the basis of allegation leveled against the petitioner.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case, particularly the post-mortem report

          which indicates that cause of death was asphyxia as a result of

          hanging and that no internal or external injury was found on the

          body of the deceased and further considering that charges have
              Patna High Court CR. MISC. No.69096 of 2025(6) dt.20-02-2026
                                                          3/3




                        already been framed in the case, the petitioner is directed to be

                        enlarged on bail in connection with Amdabad P.S. Case no.135

                        of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Court concerned where the case is

                        pending/successor Court, subject to the condition that petitioner

                        shall remain physically present in the learned trial Court on each

                        date and shall cooperate in the trial. In case the petitioner is

                        absent on the two consecutive dates without sufficient reasons,

                        the learned trial Court would be at liberty to cancel the bail

                        bonds of the petitioner.

                                     7. The learned trial Court is directed to expedite the

                        trial.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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