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Patna High Court

Fida HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond and conditions under Section 482 of the BNSS, 2023.

Summary

The petitioners, relatives of a married couple, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging dowry demand, forced marriage and the administration of poison leading to the death of the informant's daughter. The FIR, filed under Sections 80, 123, 3(5) of the Bhartiya Nyay Sanhita, 2023 and Sections 3 and 4 of the D.P. Act, implicated five accused, including the petitioners. The petitioners contended they were innocent, highlighting that the post‑mortem report indicated death by sudden cardiac arrest with no evidence of poisoning, and that the alleged husband was residing in Pune. The informant and the State opposed bail, emphasizing the poison allegation in the FIR. After examining the medical evidence and the lack of corroboration for the poison claim, the Court granted anticipatory bail, imposing a bond of Rs.30,000 and conditions under Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case where the FIR alleges poisoning but medical evidence contradicts it.
  • Whether the allegations of dowry demand and forced marriage constitute a ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • poison death
  • dowry dispute
  • medical evidence
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.74316 of 2025
                     Arising Out of PS. Case No.-173 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
           1.     Fida Hussain S/o- Mohammad Munshi R/v- Bhada Khurd, P.S.- Jamo Bazar,
                  District- Siwan
           2.    Rani Khatoon D/o- Fida Hussain R/v- Bhada Khurd, P.S.- Jamo Bazar,
                 District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 74792 of 2025
                     Arising Out of PS. Case No.-173 Year-2025 Thana- JAMOBAZAR District- Siwan
                 ======================================================
           1.     Guria Khatoon @ Shamma Naz W/o- Sadam Hussain, D/o- Fida Hussain
                  R/v- Rarauli, P.S.- Sidhwalia, District-Gopalganj-
           2.    Aamna Khatoon W/o- Fida Hussain R/v- Bhada Khurd Ps-Jamo Bazar Dist-
                 Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 74316 of 2025)
                 For the Petitioner/s     :   Mr. Raghav Prasad, Advocate
                 For the Opposite Party/s :   Mr. Sanjay Kumar Sharma, APP
                 (In CRIMINAL MISCELLANEOUS No. 74792 of 2025)
                 For the Petitioner/s     :   Mr. Raghav Prasad, Advocate
                 For the Opposite Party/s :   Mr. Binod Kumar No.3, APP
                 For the Opposite Party No.2: Mr. R. Kumar, Advocate
                                              Mr. Yashraj Bardhan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   19-03-2026                 Heard learned Counsel for the petitioners, learned

                   Counsel for the informant and learned APP for the State in both

                   these cases.
Patna High Court CR. MISC. No.74316 of 2025(3) dt.19-03-2026
                                            2/4




                       2. Both these criminal miscellaneous applications

          have been filed under Section 482 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,

          2023’) for grant of anticipatory bail to the petitioners who

          apprehend arrest in connection with Jamo Bazar P.S. Case No.

          173 of 2025, lodged on 29.04.2025, under Sections 80/123/3(5)

          of the Bhartiya Nyay Sanhita, 2023 and under Section 3/4 of the

          D.P. Act.

                       3.   As per the prosecution, FIR has been lodged

          against five named accused persons including the present

          petitioners, with allegation that marriage of the daughter of the

          informant was solemnized with the son of petitioner No.1 of

          first case and petitioner No.2 of second case and due to threat of

          second marriage and demand of dowry as well as due to forcible

          administration of poison death of informant’s daughter took

          place.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. He

          submits that in the first case, the father-in-law and unmarried

          nanad are the petitioners, whereas in the second case, the

          mother-in-law and married nanad are the petitioners.

                       5. Learned counsel further submits that, although
Patna High Court CR. MISC. No.74316 of 2025(3) dt.19-03-2026
                                            3/4




          there is a specific allegation in the FIR that poison was

          administered in the food of the deceased, resulting in her death,

          the said allegation is not supported by the medical evidence. He

          submits that the case diary and post-mortem report were called

          for, and as per the opinion of the doctor, the death was caused

          due to sudden cardiac arrest, with no indication of poisoning

          having been found.

                       6. It is further submitted that the petitioners are

          innocent and have been unnecessarily implicated in the present

          case. Counsel also submits that from the contents of the FIR, it

          is evident that the husband of the deceased was not residing in

          the town but was living in Pune, and there was continuous

          communication between the husband and the deceased.

          Learned counsel submits that the antecedents of the petitioners

          are clean. He further submits that the petitioners are ready to

          abide by any condition that may be imposed by this Hon’ble

          Court.

                            7. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that the FIR contains a

          specific allegation that poison was administered in the food of

          the deceased, resulting in her death.

                       8. But, upon perusal of the post mortem report, it
         Patna High Court CR. MISC. No.74316 of 2025(3) dt.19-03-2026
                                                     4/4




                   transpires that the allegation made in the FIR i.e., the ocular

                   statement does not match with the medical evidence. There is

                   no sign of any injury on the external part of the body and doctor

                   has reported the cause of death is cardiac arrest.

                                9. Learned APP for the State opposes the prayer for

                   bail of the petitioners.

                                10. In this view of the matter, let the above named

                   petitioners be released on anticipatory bail, in the event of arrest

                   or surrender before the learned Court below within a period of

                   four weeks from today, on furnishing bail bond of Rs.30,000/-

                   (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d)

                   of the BNSS, 2023 to the satisfaction of S.D.J.M., Siwan, in

                   connection with Jamo Bazar P.S. Case No. 173 of 2025, subject

                   to the conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U


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