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Patna High Court

Tasiwoddin @ Tasibur RahmanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
            Patna High Court CR. MISC. No.91460 of 2025(2) dt.28-01-2026
                                                        3/3




                      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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