Patna High Court
Shahrukh AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Shahrukh Ansari was arrested in connection with a dowry‑related case alleging demand for dowry, pronouncement of talaq, and assault with dangerous weapons that injured the victim’s father. The petitioner claimed innocence, stating the matter was a matrimonial dispute and that a compromise petition had been filed, with his wife residing with him. The State opposed bail, citing the serious nature of the offences under multiple sections of the B.N.S., 2023 and the Dowry Prohibition Act. After hearing both sides, the Court considered the circumstances, the alleged compromise, and the petitioner’s lack of prior criminal record. The Court concluded that bail was appropriate, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2), 115(2), 118(2), 109, 85, 352, 351 and 3(5) of the B.N.S., 2023 and Section 3 of the Dowry Prohibition Act
- Whether the existence of a compromise petition and the matrimonial nature of the dispute affect the bail decision
- Whether the seriousness of the alleged assault and injuries preclude the grant of bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351, 352, 85
- Dowry Prohibition Act — s. 3
Subjects
- bail
- dowry prohibition
- matrimonial dispute
- criminal procedure
- assault
- compromise petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12659 of 2026
Arising Out of PS. Case No.-271 Year-2024 Thana- BARAHAT District- Banka
======================================================
Shahrukh Ansari Son of Husain Ansari R/o Village - Chilmil, P.S. - Barahat,
Dist. - Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Khatoon Wife of Shahrukh Ansari R/o Village - Chilmil, P.S. - Barahat,
Dist. - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barahat P.S. Case No. 271 of 2024 registered for the
offence punishable under Sections 126(2), 115(2), 118(2), 109,
85, 352, 351 and 3(5) of the B.N.S., 2023 and Section ¾ of the
Dowry Prohibition Act.
3. The case of the prosecution, in short, is that the
petitioner has demanded dowry, and on non-fulfillment of
dowry, the petitioner has pronounced Talak upon his wife. It is
further alleged that when the victim informed her parents and
Patna High Court CR. MISC. No.12659 of 2026(2) dt.10-03-2026
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family members and they reached the matrimonial house, they
were confined inside the house and were being assaulted with
dangerous weapons, causing serious injuries to the father of the
informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
that it is just a case of matrimonial dispute. He further submits
that parties have compromised the case and have also filed a
compromise petition in the learned trial court. He also submits
that his wife is living with him. Moreover, a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent is languishing in judicial custody since 06.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Patna High Court CR. MISC. No.12659 of 2026(2) dt.10-03-2026
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Judicial Magistrate, Banka in connection with Barahat P.S. Case
No. 271 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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