IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8286 of 2026 Arising Out of PS. Case No.-285 Year-2025 Thana- PANAPUR District- Saran ======================================================

Musaraf Hussain S/o Mulazim Hussain @ Molajim Hussain Resident of village - Sonbarsa, P.s.- Panapur, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Ms.Mili Kumari, Adv.

For the Opposite Party/s : Mr.Amitesh Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Panapur P.S. Case No. 285 of 2025 dated 11.10.2025 registered for the offences punishable under Sections 80 and

3(5) of the B.N.S.

3. The prosecution case is to the effect that the informant has alleged that his sister was married to the petitioner around two years back and she was being tortured for dowry by the in-laws. It is alleged that the informant had dropped his sister on 08.10.2025 around 04.30 P.M. and on the very next day i.e. 09.10.2025, he received a call and was informed that his sister had died. It is alleged that he came to the sasural of his sister and he found the dead body of his sister hanging. It is alleged that all the named accused persons including the petitioner had strangulated his sister to death.

4. The learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and it is evident that the wife of the petitioner had gone to her parents house earlier and had came back on 08.10.2025 and on the very next day i.e. 09.10.2025, she has committed suicide. It is further submitted that from perusal of the Post-mortem report, it would be evident that the cause of death is stated to be asphyxia due to hanging and there are no sign of strangulation found as alleged in the F.I.R. It has further been submitted that the wife of the petitioner was forced to go to her sasural against her wishes because of such fact the wife of the petitioner had committed suicide. There is nothing on record to suggest that the petitioner or the other family members were instrumental in killing the wife of the petitioner/ sister of the informant. It has lastly been submitted that the petitioner has clean antecedent.

5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner being the husband can not shy away from the unnatural death of his wife within two years of marriage. It is further submitted that the wife was found hanging at her sasural therefore, the petitioner being the husband was answerable for her death.

6. Considering the aforesaid submissions and taking into account the report of the Post-moretem, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, 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 below where the case is pending/successor court in connection with Panapur P.S. Case No. 285 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.

(iii) In case of absence on two consecutive dates 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.

(iv) The trial c