Patna High Court
Akhtar Hussain @ Bhola @ Md. Akhtar HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to a bail‑bond and sureties under Section 482(2) of the B.N.S.
Summary
The petitioners, who are relatives of a woman who died under alleged dowry‑related circumstances, sought anticipatory bail after fearing arrest in a case registered under Sections 115(2), 126, 80 and 3(5) of the B.N.S. The prosecution alleged that the petitioners participated in torturing the victim for dowry and later caused her death by strangulation. The petitioners contended they were innocent, had no involvement in the victim’s affairs, and were implicated merely because of their familial ties; they also highlighted their clean antecedents and the informant’s lack of eye‑witness status. The State and the informant opposed the bail, arguing the seriousness of the dowry‑death charge. The Court, noting the general and omnibus nature of the accusations and the petitioners’ clean records, allowed the anticipatory bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the B.N.S. The order applies if arrest occurs within eight weeks of the judgment.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the dowry‑death allegations
- Whether the allegations against the petitioners are specific enough to deny bail
- Whether the petitioners’ clean antecedents and the general nature of the accusation warrant bail
Subjects
- dowry death
- anticipatory bail
- Section 115(2) IPC
- clean antecedents
- general accusation
- Bihar Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72159 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- BARURAJ District- Muzaffarpur
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1. Akhtar Hussain @ Bhola @ Md. Akhtar Hussain S/o Late Bhikhari Miya
R/O Vill.- Rampurwa, P.S.- Baruraj, Dist.- Muzaffarpur
2. Md. Sameer S/O Akhtar Hussain @ Bhola @ Md. Akhtar Hussain R/O Vill.-
Rampurwa, P.S.- Baruraj, Dist.- Muzaffarpur
3. Nurul Khatoon @ Nurul Khatun W/O Md. Firoz @ Md. Feroz R/O Vill.-
Rampurwa, P.S.- Baruraj, Dist.- Muzaffarpur
4. Nureda Khatun @ Nureda Khatoon W/O Akhtar Hussain @ Bhola @ Md.
Akhtar Hussain R/O Vill.- Rampurwa, P.S.- Baruraj, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ratneshwar Prasad, Advocate
For the State : Mr. Ram Priya Sharan Singh, APP
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 21-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 115(2),
126, 80 and 3(5) of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his daughter was solemnized
with co-accused Md. Fazal as per Muslim rites and rituals. It is
alleged that thereafter, all the F.I.R. named accused persons,
Patna High Court CR. MISC. No.72159 of 2025(5) dt.21-04-2026
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including these petitioners, committed torture and harassment
with the victim for non-fulfillment of additional demand of
dowry and subsequently, on 12.04.2025, they committed murder
of the victim by pressing her neck.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be father-in-law, Petitioner No. 2 happens to be brother-in-
law, Petitioner No. 3 happens to be cousin mother-in-law and
Petitioner No. 4 happens to be mother-in-law of the deceased.
Petitioners are separate in mess and property and have got no
concern with the affairs of the deceased and her husband.
Informant is not an eye witness of the alleged occurrence.
Allegation of demand of dowry is general and omnibus and no
specific accusation of overt act has been alleged against these
petitioners. Thrust of accusation is against husband of deceased
who is already in custody since 01.04.2026. Petitioners claim
clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.72159 of 2025(5) dt.21-04-2026
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6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned J.M.F.C., Court No. 5,
Muzaffarpur (West) in connection with Baruraj P.S. Case No. 56
of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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