Patna High Court
Md. KaiyumversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the allegations of dowry‑related murder were deemed grave and supported by forensic evidence.
Summary
The petitioners, Md. Kaiyum, his son Md. Shamshad, and his wife Bibi Nuresha, sought anticipatory bail after the police registered a case alleging they conspired to murder a woman over dowry demands. The prosecution alleged that the deceased’s daughter was married to Md. Ishaq, and after a dowry demand of one lakh rupees and a motorcycle was not met, the petitioners allegedly harassed and eventually killed her. The investigation revealed the husband was absent at the time of death, and the post‑mortem confirmed multiple injuries and assault. The court examined the seriousness of the allegations, the nature of the crime, and the post‑mortem findings. Finding the accusations grave and the evidence substantial, the judge declined to grant anticipatory bail and dismissed the petition.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the provisions of the Criminal Procedure Code in view of the serious nature of the allegations.
Legislation cited
Subjects
- anticipatory bail
- dowry harassment
- murder
- post‑mortem report
- serious offence
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- Madhusudanpur District- Bhagalpur
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1 . Md. Kaiyum S/O Late Abdul Sattar Resident of Village- Rahmat Bag, P.S-
Madhusudanpur,Dist- Bhagalpur
2. Md. Shamshad Son of Md. Kaiyum Resident of Village- Rahmat Bag, P.S-
Madhusudanpur,Dist- Bhagalpur
3. Bibi Nuresha wife of Md. Kaiyum Resident of Village- Rahmat Bag, P.S-
Madhusudanpur,Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar , Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehends arrest in a case registered
for the offence punishable under sections 80, 238 , 61 ( 2 ) and
3 (5) of BNS and 3/ 4 of the D. P Act.
3. As per the prosecution case, the informant alleged
that marriage of his daughter was solemnized with co-accused
Md. Ishaq, three years ago and after sometime of marriage, son-
in-law of the informant left for Hyderabad and his daughter
started living in his house, but after some time, all the accused
persons, including these petitioners, came to his house and
Patna High Court CR. MISC. No.87 of 2026(2) dt.20-01-2026
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started demanding one lakh rupees and a motorcycle as dowry
and due to non-fulfillment of the same, all the accused persons
harassed his daughter. It is further alleged that on 18.08.2025,
the mother-in-law of his daughter came to his house and took
his daughter along with him. Later on, he got information about
the dead body of a girl lying in forest near the cemetery. Upon
such information, when informant reached there, he found the
dead body of his daughter. It is lastly alleged that all the accused
persons, including these petitioners, under a conspiracy, killed
his daughter.
4. On perusal of the record, it appears that during
course of investigation, it has come that at the time of
occurrence, the husband of the deceased was not present in the
house. As per post-mortem report, the deceased sustained
multiple injuries and there is sign of assault on the dead body of
the deceased. From the impugned order, it also appears that in
paragraphs ‘7’ ‘8’ and ‘9’ of the case diary, the informant and
other prosecution witnesses have supported the prosecution
case.
5. Considering the nature of accusation, gravity of the
allegations levelled against the petitioners, which are grave and
heinous and against the society as also the post-mortem report,
Patna High Court CR. MISC. No.87 of 2026(2) dt.20-01-2026
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which confirms the death of the deceased due to assault and
other circumstances of the case, I am not inclined to enlarge the
petitioners on anticipatory bail.
6. As such, the prayer for pre-arrest bail of the
petitioners is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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