Patna High Court
Shahin NazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Shahin Naz, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. and the Dowry Prohibition Act, alleging that the informant's husband had tortured her for dowry. The prosecution’s case is based on the informant’s complaint, but the petitioner, who is the first wife of the informant’s husband, is not named in the FIR and asserts she has no involvement. The petitioner’s counsel highlighted her clean antecedents and the general and omnibus nature of the accusations. The State opposed the grant of anticipatory bail. Considering the petitioner’s lack of direct implication, clean record, and the nature of the allegations, the Court allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR but implicated by association in a dowry‑related offence
- Whether the allegations constitute a sufficient ground to deny bail under the relevant provisions
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 351(2), 352, 482(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- criminal procedure
- Section 482
- non‑named in FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12736 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Shahin Naz Son of Asif Raza @ Hafiz Jee R/o Village - Rajhat, P.S. -
Akbarpur, Dist. - Nawadah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajesh Kumar Singh, Sr. Advocate
Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-04-2026 Heard learned senior counsel appearing on behalf of
the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 351(2), 352, 109 and 85 of the B.N.S. and Sections 3
and 4 of the Dowry Prohibition Act.
3. As per prosecution case, informant alleges that her
husband used to commit torture and harassment with her due to
non-fulfillment of demand of dowry.
4. It is submitted by learned senior counsel appearing
on behalf of the petitioner that petitioner is quite innocent and
has committed no offence. Petitioner is first wife of husband of
informant and she is not named in the F.I.R. and there is no
Patna High Court CR. MISC. No.12736 of 2026(2) dt.23-04-2026
2/2
whisper against this petitioner. Petitioner is a lady and claims
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, Ist Class,
Nawada in connection with Akbarpur P.S. Case No. 139 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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