Md. Aziz @ Aziz Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49638 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- DUMRAO District- Buxar ====================================================== MD. AZIZ @ AZIZ ANSARI Son of Haidar Ali @ Haidar Ansari Resident of village - Kadvi, P.S.- Dumraon, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Adv.
Md. Raghib Alam, Adv.
For the informant : Mr. Manendra Sinha, Adv. For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Dumraon P.S. Case No. 23 of 2024 dated 02.02.2024 registered for the offences punishable under sections 304B, 498A read with Section 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner and other co-accused persons are alleged to have tortured and killed the daughter of the informant due to non-fulfillment of demand of motorcycle as dowry.
Patna High Court CR. MISC. No.49638 of 2025(2) dt.15-10-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the deceased. The name of the petitioner has transpired in this case on the basis of mere suspicion. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner and submitted that the regular bail application of the petitioner was earlier rejected by this court vide order dated 13.12.2024 passed in Cr. Misc. No. 68294/2024. Learned counsel has further submitted that the petitioner is the husband of the deceased and the specific allegation is against the petitioner who harassed, tortured and assaulted the informant's sister due to non-fulfillment of demand of dowry and allegedly killed her along with the other co-accused persons. The post-mortem report of the deceased is mentioned in para no. 45 of the case diary that the doctor opined the cause of death : as cardio-pulmonary failure due to Asphyxia
Patna High Court CR. MISC. No.49638 of 2025(2) dt.15-10-2025 3/3 following hanging. The statement of the witnesses have been recorded in para nos. 4 (re-statement of informant), 8, 9, 16, 25, 26, 27 and 28 of the case diary who have supported the prosecution case.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Dumraon P.S. Case No. 23 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T