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Patna High Court

Shahin NazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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