Patna High Court
Tasiwoddin @ Tasibur RahmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The petitioners are entitled to pre‑arrest bail, subject to the conditions imposed by the Court.
Summary
The petitioners, comprising the parents‑in‑law, daughter‑in‑law, sister‑in‑law and a neighbour of the deceased, applied for pre‑arrest bail in a dowry‑death case (Bahadurganj P.S. Case No. 236 of 2025) where they were accused under Sections 103(1) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita (BNS). The prosecution alleged that the deceased was subjected to dowry demands, tortured and ultimately died, implicating the petitioners. The petitioners contended that the marriage occurred in 2016, the alleged dowry demand and torture at a much later stage were implausible, and that the investigation yielded no material linking them to the crime, with the post‑mortem indicating death by asphyxia due to hanging. The State opposed bail, asserting specific accusations against the petitioners. The Court, noting the lack of evidential support, the police’s decision not to commit the petitioners to trial, and the cause‑of‑death findings, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the BNS, with the requirement that one bailor be a close family member.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail in a dowry‑death case under the BNS.
- Whether cognizance can be taken against the petitioners despite the absence of material evidence linking them to the offence.
- Whether Section 108 of the BNS is applicable to the petitioners in the present circumstances.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 103(1), 108, 3(5), 482(2)
Subjects
- dowry death
- pre‑arrest bail
- Bharatiya Nagrik Suraksha Sanhita
- Section 108
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91460 of 2025
Arising Out of PS. Case No.-236 Year-2025 Thana- BAHADURGANJ District- Kishanganj
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1. Tasiwoddin @ Tasibur Rahman Son of Late yakub Resident of Village -
Bangama Ward no. 06, P.S. - Bahadurganj, Dist. - Kishanganj.
2. Gulsera Khatun Wife of Tasiwoddin @ Tasibur Rahman Resident of Village
- Bangama Ward no. 06, P.S. - Bahadurganj, Dist. - Kishanganj.
3. Dilruba Khatun @ Dilruba @ Dilruba Begam D/o Tasiwoddin @ Tasibur
Rahman Resident of Village - Bangama Ward no. 06, P.S. - Bahadurganj,
Dist. - Kishanganj.
4. Sebrani Wife of Dilfarz Alam @ Dilfaraz @ Dilfaroj(Gotni) Resident of
Village - Bangama Ward no. 06, P.S. - Bahadurganj, Dist. - Kishanganj.
5. Ashgar @ Ajgar Alam @ Md. Asgar Son of Md. Abid(neighbour) Resident
of Village - Bangama Ward no. 06, P.S. - Bahadurganj, Dist. - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Adv.
For the Opposite Party/s : Mr. Mritunjay Kr. Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Bahadurganj P.S. Case No. 236 of 2025,
registered for the offences punishable under Sections 103(1),
3(5) of the BNS.
3. Based upon the written report, the prosecution
alleges that the marriage of the daughter of the informant was
solemnised with co-accused Dilsad Alam in the year 2016,
however, she was subjected to demand of dowry and on account
of non-fulfilment, she was tortured in various ways and finally
done to death by all the named accused persons, including the
petitioners.
4.Learned Advocate for the petitioners submitted that
Patna High Court CR. MISC. No.91460 of 2025(2) dt.28-01-2026
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the petitioner Nos. 1 and 2 are parents-in-law, whereas petitioner
No. 3 is nanad, petitioner No. 4 is gotani and petitioner No. 5 is
neighbour of the deceased. Admittedly, the marriage took place
in the year 2016 and, as such, any demand of dowry and torture
at this belated stage does not inspire confidence. In fact, the
deceased was short tempered woman, who, on account of some
trifle, herself committed suicide but later on name of all the
family members have been implicated in this case. During the
course of investigation, no material has been collected
suggesting the complicity of the petitioners in crime resulting
into final report bearing chargesheet No. 315/2025 dated
30.06.2025, copy of which has been placed on record as
Annexure P/2. Despite the aforesaid fact, the learned
jurisdictional court differing with the final report took
cognizance for the offence punishable under Section 108 of the
BNS against the petitioners vide order dated 04.08.2025, hence
the present application for pre arrest bail. Cause of death is said
to be asphyxia and shock as a result of hanging. The petitioners
bear fair antecedent.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
there is specific accusation against the petitioners of causing
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death of the deceased on account of non-fulfillment of dowry.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that the police after investigation has not sent up the
petitioners for trial, however, differing with the final report, the
learned jurisdictional court took cognizance; moreover the post
portem report suggests the cause of death is due to asphyxia and
shock as a result of hanging, let the petitioners abovenamed be
released on bail, in the event of their arrest or surrender before
the court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Kishanganj in connection with
Bahadurganj P.S. Case No. 236 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023, with the further condition that one of
the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
Anjani/-
U T
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