Patna High Court
Rahbar @ Md. Rahbar @ Rahber Alam @ Md Rahbar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the CrPC.
Summary
The petitioner, Rahbar, sought anticipatory bail fearing arrest in a complaint (No. 77-C/2023) filed by his wife Aisha under IPC sections 379 and 498A and the Dowry Prohibition Act. The prosecution alleged that the petitioner had tortured the wife for dowry, leading her to leave the matrimonial home in 2021. The lower coordinate bench had referred the matter to a mediation centre, but the mediation report dated 15‑05‑2026 indicated failure. The petitioner’s counsel asserted his willingness to resume marital relations and care for his wife, while the informant’s counsel was absent. The High Court, considering the petitioner's statements and the failed mediation, exercised its power under Section 438(2) of the CrPC to grant anticipatory bail subject to strict conditions, including a bail bond, sureties, and compliance with conduct directives.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving alleged dowry harassment and theft.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 379, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Section 438 CrPC
- mediation failure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10290 of 2026
Arising Out of PS. Case No.-77 Year-2023 Thana- COMPLAINT CASE District- Araria
======================================================
Rahbar @ Md. Rahbar @ Rahber Alam @ Md Rahbar Alam S/o Md Mohsin
@ Md Mosin R/o vill - Malopara Dalmalpur, P.S.- Rauta, Distt.- Purnia
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aisha W/o Rahbar @ Md Rahbar @ Rahber Alam @ Md Rahbar Alam, D/o
Md Karim @ Md Karimuddin R/o vill - Kursail Balwa, ward no. 12, P.S.-
Mahalgaon, Distt.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Ziaul Quamar, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(App), APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 17-06-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Complaint Case No. of 77-C of 2023 instituted under
Sections 379, 498 (A) of the Indian Penal Code and ¾ of Dowry
Prohibition Act filed by the complainant.
3. As per the prosecution story, the complainant
married to the petitioner in the year 2012 but was always
tortured for dowry and she had to go out of the house in the year
2021. This followed the case.
4. Earlier, the Coordinate Bench sent the matter to
Mediation Center but the report dated 15. 05.2026 shows that it
failed.
Patna High Court CR. MISC. No.10290 of 2026(3) dt.17-06-2026
2/3
5. Learned counsel for the petitioner submits that he is
ready to continue his relationship with his wife but the lady
chose to look the other way.
6. Today, learned counsel for the informant is missing.
7. Accepting the words of the petitioner that he is
ready to keep his wife whenever she decides to return to her in-
laws house, is also ready to take care of her, in that background,
this Court is inclined to extend him the privilege of the
anticipatory bail.
8. Let the petitioner be released on bail, in the event
of her arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Complaint Case No.
77-C of 2023 to the satisfaction of learned Chief Judicial
Magistrate, Araria subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document(Aadhar Card/Driving License/Voter ID/Pan Card etc.)
to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.10290 of 2026(3) dt.17-06-2026
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
Ravi/Shivangi
U T
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