Patna High Court
Shahil Ansari @ Shashil MansuriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Shahil Ansari, was charged under Sections 120(B), 304(B) and 34 of the Indian Penal Code for the alleged murder of his wife, Sana Khatoon, who was said to have been killed by her in‑laws over a dowry dispute. The prosecution alleged that the petitioner participated in the killing, while the defence argued that the deceased had committed suicide, as indicated by the post‑mortem report showing a ligature mark consistent with hanging and no other injuries. The petitioner also asserted that he has no prior criminal record and has been in judicial custody since 24‑04‑2025. The State opposed the bail application, contending the seriousness of the offences. After considering the medical evidence, the petitioner’s clean antecedents, and the length of his custody, the court found no compelling reason to keep him detained. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in a case involving Sections 120(B), 304(B) and 34 IPC.
- Whether the post‑mortem evidence indicating suicide undermines the prosecution’s case of murder.
- Whether the petitioner’s lack of criminal antecedents and the period of custody justify bail.
Legislation cited
- Indian Penal Code — s. 120B, 304B, 34
Subjects
- bail
- IPC 120B
- IPC 304B
- IPC 34
- dowry death
- suicide
- criminal conspiracy
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73131 of 2025
Arising Out of PS. Case No.-95 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
Shahil Ansari @ Shashil Mansuri S/O Islam Anasri Resident of Village -
Khiridih Babu Chhauni, P.S. - Vijaipur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Jha, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 10-02-2026 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 120(B),
304(B) and 34 of the Indian Penal Code.
3. The case of the prosecution is that one Sana
Khatoon (deceased) was married to the petitioner one year ago.
It is alleged that she was subjected to cruelty on account of non-
fulfillment of dowry demand by her in-laws. On 05.05.2024, the
informant has received information that the deceased has been
killed by her in-laws along with the petitioner.
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 the petitioner is the
Patna High Court CR. MISC. No.73131 of 2025(4) dt.10-02-2026
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husband of the deceased. During course of investigation, it has
come that the deceased has committed suicide. From perusal of
the postmortem report also, it will transpire that the board of
doctors conducting the autopsy of the deceased has found
following ante mortem injuries: “½ inch broad ligature mark,
brownish in colour was present over upper part of neck above
thyroid, in front of neck going obliquely, extending upward and
backward up to left and right mastoid bone and deficient over
back side of neck. No any other external injury found over
body.” Learned counsel for the petitioner has further submitted
that the board has opined that the death was due to asphyxia as a
result of hanging. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
24.04.2025.
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
Vijaipur P.S. Case No. 95 of 2024 on furnishing bail bond of
Patna High Court CR. MISC. No.73131 of 2025(4) dt.10-02-2026
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Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Gopalganj.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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