Akmal Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69096 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- AMDABAD District- Katihar ====================================================== AKMAL HUSSAIN Son of Kuddus Ali @ Kudus Ali Resident of Village - Garad Tola @ Gard Tola, Kishanpur Ward No.- 14, P.S.- Amdabad, District - Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP For the O.P. No.2 :

Mr. Bimal Kumar, Adv.

Ms. Jagriti Rani, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.

2. A prayer for bail has been made on behalf of the petitioner in connection with Amdabad P.S. Case no.135 of 2025 registered under sections 103(1) and 3(5) of BNS, 2023.

3. Allegation in the F.I.R is that accused persons killed the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case merely on the ground that he is the husband of the deceased. It is

Patna High Court CR. MISC. No.69096 of 2025(6) dt.20-02-2026 2/3 contended that only general and omnibus allegations have been levelled against him regarding the alleged demand of dowry and causing the death of the deceased on account of non-fulfilment of such demand. It is further submitted that the marriage between the petitioner and the deceased was solemnized about 25 years ago with four children born out of the said wedlock and no complaint was filed against petitioner during such long span of marital life. Further, the post-mortem report indicates that no internal or external injuries were found on the body of the deceased and the cause of death has been opined as asphyxia as a result of hanging. The petitioner has no criminal antecedent and he is in custody since 25.05.2025. He undertakes to cooperate in the case/trial and charges have been framed on 12.12.2025.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the opposite party no.2 on the basis of allegation leveled against the petitioner.

6. Taking into consideration the aforesaid facts and circumstances of the case, particularly the post-mortem report which indicates that cause of death was asphyxia as a result of hanging and that no internal or external injury was found on the body of the deceased and further considering that charges have

Patna High Court CR. MISC. No.69096 of 2025(6) dt.20-02-2026 3/3 already been framed in the case, the petitioner is directed to be enlarged on bail in connection with Amdabad P.S. Case no.135 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition that petitioner shall remain physically present in the learned trial Court on each date and shall cooperate in the trial. In case the petitioner is absent on the two consecutive dates without sufficient reasons, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner.

7. The learned trial Court is directed to expedite the trial.

(Soni Shrivastava, J) Harsh/- U T