Patna High Court
Md. Jafar Ali @ Md. Jafar @ Md. ZafarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner under Section 482 of the BNSS, 2023, subject to specified conditions.
Summary
The petitioner, Md. Jafar Ali, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a complaint filed in 2019 alleging offences under Sections 323, 341, 354, 504, 506 and 376 IPC. The complaint dated 1990 was taken up by the court in December 2020, after which the parties married in April 2021 as part of a settlement. The complainant, now the petitioner’s wife, appeared before the court and requested a sympathetic view, while the State opposed bail. The court considered the marriage settlement, the complainant’s willingness to act as a bailor, and the need to prevent future harassment, and consequently granted anticipatory bail subject to conditions, including a bond of Rs.30,000 and the complainant acting as a bailor. The bail may be cancelled if the petitioner tortures or abandons the complainant.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case where the complainant and accused have married after settlement of the dispute
- Whether the marriage settlement and the complainant’s willingness to act as a bailor justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 482
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- marriage settlement
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15423 of 2026
Arising Out of PS. Case No.-2209 Year-2019 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
Md. Jafar Ali @ Md. Jafar @ Md. Zafar S/O Md. Yunus R/o Vill- Dangraha,
P.S - Kasba, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rima Khatoon @ Reema Khatoon D/O late Md. Kasim R/o Vill- Dangraha,
P.S - Kasba, District - Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioner, Learned
Counsel for the Informant and Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner, who apprehends
arrest in connection with Complaint Case No.2209 of 2019,
lodged by virtue of complaint case, in which cognizance has
been taken under Sections 323/341/354/504/506/376 of the
Indian Penal Code.
3. Counsel for the petitioner submits that complaint
was filed in the year 1990, cognizance was taken vide order
Patna High Court CR. MISC. No.15423 of 2026(2) dt.25-03-2026
2/3
dated 07.12.2020. Thereafter the parties entered into settlement
under which the Nikah solemnized between the complainant and
the petitioner on 03.04.2021. Learned Counsel for the petitioner
submits that before Trial Court the Complainant appeared
through the Counsel even then bail application had been
rejected.
4. Here in the present case, Counsel for the
complainant is present and submits that since marriage has been
solemnized, therefore, a sympathetical view may be taken.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned
Judicial Magistrate, 1st Class, Purnea, in connection with
Complaint Case No. 2209 of 2019, subject to the conditions as
laid down U/s 482(2) of the BNSS, 2023 with further condition
that:
I. One of the bailors shall be the Complainant.
Patna High Court CR. MISC. No.15423 of 2026(2) dt.25-03-2026
3/3
II. In future, if the husband tortures the complainant
or leave the complainant due to any reason then the Trial Court
shall cancel his bail bond.
(Dr. Anshuman, J)
Mkr./-
U T
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