Patna High Court
Raja AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to statutory conditions.
Summary
The petitioner, Raja Ansari, was arrested in connection with the death of his wife’s daughter, alleged to have been caused by torture over a dowry demand for a motorcycle, invoking Section 80(2) read with Section 3(5) of the B.N.S., 2023 and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner’s counsel argued that the deceased had committed suicide, citing a post‑mortem that showed only a ligature mark, the absence of external injuries, lack of call‑detail records, and the petitioner’s clean antecedent and submission of a chargesheet. The State contended that the death occurred within months of marriage and maintained the dowry‑death allegation. The court examined the material evidence, the petitioner’s custody duration, and the statutory provisions, and concluded that the circumstances did not warrant continued detention. Accordingly, the court granted bail on a Rs 10,000 bond with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and requiring the petitioner’s presence at court dates.
Issues considered
- Whether bail should be granted to the accused in a dowry‑death case under the B.N.S., 2023 and the Dowry Prohibition Act.
- Whether the post‑mortem findings and lack of call‑detail records create reasonable doubt sufficient to justify bail.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.
Legislation cited
- B.N.S., 2023 — s. 3(5), 480(3), 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- dowry death
- bail
- post-mortem report
- suicide
- Section 80(2) B.N.S.
- Dowry Prohibition Act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91515 of 2025
Arising Out of PS. Case No.-573 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Raja Ansari S/o- Md. Sahabuddin @ Sahabuddin Ansari, R/v- Makriyar, PS-
Siwan Muffasil, Dist- Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Vaishnavi Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Siwan Muffasil P.S. Case No. 573 of 2025
dated 30.07.2025, registered for the offences punishable under
Section 80(2) read with Section 3(5) of the B.N.S., 2023 and
Sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, petitioner was
married to the daughter of the informant on 10.05.2025. The
allegation against the petitioner and other co-accused persons is
that they used to torture the daughter of informant on account of
demand of a motorcycle as dowry. Allegedly, on 29.07.2025,
informant received intimation on his mobile phone regarding
serious condition of his daughter and when he went to her
matrimonial home, he found her dead.
Patna High Court CR. MISC. No.91515 of 2025(3) dt.24-02-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Informant was immediately
intimated about the serious condition of his daughter and the
mobile number given in the FIR belongs to the sister of the
informant. It was the petitioner who informed the police, and it
has been wrongly mentioned that informant gave any
information to the police by dialling 112. From the FIR, it is
also apparent that no effort was made to dispose of the dead
body. The post-mortem report falsifies the allegation against the
petitioner and other co-accused persons as only a ligature mark
was found on the body of the deceased and no external injury
was found. Learned counsel further submits that the cause of
death was said to be asphyxia caused by hanging. It appears that
the deceased committed suicide for reasons known to her. When
the mobile phone of the deceased was taken by the investigating
officer, no CDR was obtained and an application was filed
before the learned trial Court in this regard. Learned counsel
next submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 31.07.2025.
5. Learned A.P.P. appearing on behalf of the State
Patna High Court CR. MISC. No.91515 of 2025(3) dt.24-02-2026
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opposes the submissions made on behalf of the petitioner and
submits that daughter of the informant died in her matrimonial
home within a few months of marriage.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of material against the petitioner and also considering the
post-mortem report and further considering clean antecedent of
the petitioner, his period of custody and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Siwan / concerned Court, in connection
with Siwan Muffasil P.S. Case No. 573 of 2025, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
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or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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