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Patna High Court

Raja AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
          Patna High Court CR. MISC. No.91515 of 2025(3) dt.24-02-2026
                                                      4/4




                    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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