Patna High Court
CR. MISC./9857/2026 of Mustafa Hawari @ Md. Mustafa Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9857 of 2026 Arising Out of PS. Case No.-39 Year-2024 Thana- JAMOBAZAR District- Siwan ====================================================== Mustafa Hawari @ Md. Mustafa Son of Late Ali Miyan Resident of Village- Rachhopali, P.S.- Jamo
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9857 of 2026
Arising Out of PS. Case No.-39 Year-2024 Thana- JAMOBAZAR District- Siwan ======================================================
Mustafa Hawari @ Md. Mustafa Son of Late Ali Miyan Resident of Village- Rachhopali, P.S.- Jamo Bazar, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Javed Aslam, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
19-08-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offenses punishable under Sections 302, 326, 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her daughter was married to the petitioner in the year 2003, after marriage her daughter was tortured for the dowry which used to convey, further her husband who was staying abroad also used to call and threaten her that he will perform his second marriage, next alleges that on 14.02.2024, her daughter was poisoned to death by the accused person.
4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.9857 of 2026(2) dt.19-08-2026
petitioner being husband has been falsely implicated in the instant case by the informant based on suspicion, it is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the marriage of the deceased with the petitioner was performed in the year 2003 and the instant FIR came to be instituted in the year 2024 i.e, 21 years after marriage and in between these 21 years neither deceased nor the informant ever instituted any case alleging that dowry was being demanded and the victim was being tortured, it is also submitted that at the time of the occurrence the husband of the victim was not in India rather was in Gulf country for earning his livelihood, it is next submitted that at times quarrels used to take place on phone and the victim out of anger consumed poison. It is further submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes, the prayer for anticipatory bail of the petitioner.
6. Considering the submission and taking into consideration, the fact that marriage was 21 years old and in between these 21 years no case ever came to be instituted and from perusal of the allegation as alleged in the FIR it appears Patna High Court CR. MISC. No.9857 of 2026(2) dt.19-08-2026
that petitioner was residing abroad, the petitioner in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamo Bazar P.S. Case No. 39 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his uncle, Rajbali Miya.
8. However, It is made clear that if the investigating officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this court is not co-operating in the investigation in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
9. Accordingly, the application stands allowed.
krishna/- (Satyavrat Verma, J) U T