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Patna High Court

Musaraf HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438 CrPC read with Section 482 of the B.N.S.

Summary

The petitioner, Musaraf Hussain, applied for anticipatory bail after being implicated in Panapur P.S. Case No. 285 of 2025, where his sister‑in‑law was found dead by hanging. The prosecution alleged that the petitioner and others strangulated the victim, invoking Sections 80 and 3(5) of the B.N.S. The petitioner argued that the death was a suicide, that the post‑mortem report showed hanging without any signs of strangulation, and that he had a clean antecedent. The State opposed bail, contending that as the husband he could not escape liability for his wife's unnatural death. The High Court, after reviewing the post‑mortem findings and the petitioner's submissions, granted anticipatory bail under Section 438 of the CrPC read with Section 482 of the B.N.S., subject to strict conditions. The order also clarified that its observations would not affect the trial proceedings.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the allegations of dowry‑related death and alleged strangulation.
  • Whether the post‑mortem report negates the prosecution's claim of strangulation and justifies bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • dowry death
  • suicide
  • post‑mortem report
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8286 of 2026
                       Arising Out of PS. Case No.-285 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Musaraf Hussain S/o Mulazim Hussain @ Molajim Hussain Resident of
                 village - Sonbarsa, P.s.- Panapur, Distt.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Adv.
                 For the Opposite Party/s :       Mr.Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Panapur P.S. Case No. 285 of 2025 dated 11.10.2025

                   registered for the offences punishable under Sections 80 and

                   3(5) of the B.N.S.

                                3. The prosecution case is to the effect that the

                   informant has alleged that his sister was married to the

                   petitioner around two years back and she was being tortured for

                   dowry by the in-laws. It is alleged that the informant had

                   dropped his sister on 08.10.2025 around 04.30 P.M. and on the

                   very next day i.e. 09.10.2025, he received a call and was

                   informed that his sister had died. It is alleged that he came to the
Patna High Court CR. MISC. No.8286 of 2026(2) dt.17-02-2026
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          sasural of his sister and he found the dead body of his sister

          hanging. It is alleged that all the named accused persons

          including the petitioner had strangulated his sister to death.

                       4. The learned counsel for the petitioner submits that

          petitioner has falsely been implicated in this case and it is

          evident that the wife of the petitioner had gone to her parents

          house earlier and had came back on 08.10.2025 and on the very

          next day i.e. 09.10.2025, she has committed suicide. It is further

          submitted that from perusal of the Post-mortem report, it would

          be evident that the cause of death is stated to be asphyxia due to

          hanging and there are no sign of strangulation found as alleged

          in the F.I.R. It has further been submitted that the wife of the

          petitioner was forced to go to her sasural against her wishes

          because of such fact the wife of the petitioner had committed

          suicide. There is nothing on record to suggest that the petitioner

          or the other family members were instrumental in killing the

          wife of the petitioner/ sister of the informant. It has lastly been

          submitted that the petitioner has clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submitted that the petitioner being the husband can not shy

          away from the unnatural death of his wife within two years of
Patna High Court CR. MISC. No.8286 of 2026(2) dt.17-02-2026
                                            3/4




          marriage. It is further submitted that the wife was found hanging

          at her sasural therefore, the petitioner being the husband was

          answerable for her death.

                        6. Considering the aforesaid submissions and taking

          into account the report of the Post-moretem, the petitioner,

          above named, is directed to be released on anticipatory bail, in

          the event of arrest or surrender before the Court below within a

          period of four weeks from today, 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 below

          where the case is pending/successor court in connection with

          Panapur P.S. Case No. 285 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of BNSS as

          well as subject to the following conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner
           Patna High Court CR. MISC. No.8286 of 2026(2) dt.17-02-2026
                                                       4/4




                     will be liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioner and in case, at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take necessary steps for cancellation of bail bond of the

                     petitioner. However, the acceptance of bail bond in terms of the

                     above mentioned order shall not be delayed for purpose of or in

                     the name of verification.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-
U     T


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