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Patna High Court

Md. Ghulam Farid @ Gulam Farid@ Md. Gulam FaridversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because of the specific and serious nature of the accusations under Sections 304A, 304B and 34 IPC.

Summary

The petitioner, Md. Ghulam Farid, applied for anticipatory bail fearing arrest in a criminal case registered under Sections 304A, 304B and 34 of the Indian Penal Code. The prosecution alleges that Farid married the informant’s daughter on 16‑03‑2019, subsequently tortured and harassed her, and circulated obscene photographs and videos of her on the internet, which allegedly led to her suicide on 07‑02‑2024. The petitioner's counsel argued that the allegations were not sufficiently proved to justify denial of bail. The court examined the seriousness of the accusations, the direct nature of the charges, and the potential for interference with the investigation. Considering the gravity of the alleged offences and the risk of tampering with evidence, the court rejected the petition for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged dowry‑related death, negligence causing death, and common intention under Sections 304A, 304B and 34 IPC?
  • Whether the factual allegations, if proved, constitute offences under the cited sections warranting denial of bail?

Legislation cited

Subjects

  • anticipatory bail
  • IPC 304A
  • IPC 304B
  • IPC 34
  • dowry death
  • suicide
  • harassment
  • obscene material
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10238 of 2026
                     Arising Out of PS. Case No.-85 Year-2024 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Md. Ghulam Farid @ Gulam Farid@ Md. Gulam Farid S/O Md Mahboob @
                 Mahboob Resident of Village- Ginjas Kaswa Tola, P.S. Jaintpur, District-
                 Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Md. Rashid Alam, Advocate
                 For the State           :        Mr. Rajendra Nath Jha, APP
                 For the Informant       :        Mr. Yugal Kishore, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   30-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 304A,

                   304B and 34 of the Indian Penal Code.

                                3. As per prosecution case, marriage of daughter of

                   informant was solemnized with this petitioner on 16.03.2019

                   and it is alleged that this petitioner used to commit torture and

                   harassment with the victim and also made her obscene

                   photographs and videos viral on the internet due to which, she

                   committed suicide on 07.02.2024.
             Patna High Court CR. MISC. No.10238 of 2026(5) dt.30-06-2026
                                                         2/2




                                    4. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, the prayer for grant of anticipatory bail to the petitioner

                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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