Patna High Court
Md. Arwaj @ Md. Arbaj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to petitioners Nos. 2 to 5.
Summary
The petitioners, who are relatives of a deceased woman alleged to have been a dowry death victim, sought anticipatory bail fearing arrest in a case registered under Sections 80 and 3(5) of the B.N.S. The prosecution alleged that the petitioners participated in torture, harassment, and murder of the victim for dowry demands, while the petitioners contended they were innocent, had no involvement, and were falsely implicated due to familial ties. The State opposed the bail, but the court noted the general and omnibus nature of the accusations, the lack of specific overt acts against the petitioners, and their clean antecedents. Consequently, the court granted anticipatory bail to petitioners Nos. 2 to 5, subject to a bail bond of Rs. 10,000 with two sureties each and conditions under Section 482(2) of the B.N.S. The order allows bail if arrest occurs within eight weeks of the order.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the B.N.S. despite allegations of involvement in a dowry death.
- Whether the general and omnibus nature of the accusations and lack of specific overt acts justify bail.
- Whether the petitioners' clean antecedents warrant the grant of anticipatory bail.
Legislation cited
Subjects
- dowry death
- anticipatory bail
- Section 80
- Section 3(5)
- Section 482(2)
- clean antecedents
- general and omnibus accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1703 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Md. Arwaj @ Md. Arbaj Alam S/o Md. Manauor @ Sekh Manour @ Shekh
Manowar @ Md. Manowor R/o Village - Ramnagar, Ward No. 10, Police
Station - Pipra, District - Supaul
2. Md. Meraj @ Md. Miraj @ Mehraj Alam S/o Md. Manauor @ Sekh Manour
@ Shekh Manowar @ Md. Manowor R/o Village - Ramnagar, Ward No. 10,
Police Station - Pipra, District - Supaul
3. Saima Praveen W/o Md. Meraj @ Md. Miraj @ Mehraj Alam R/o Village -
Ramnagar, Ward No. 10, Police Station - Pipra, District - Supaul
4. Murseeda Khatoon @ Mrusida Khatoon W/o Md. Manauor @ Sekh Manour
@ Shekh Manowar @ Md. Manowor R/o Village - Ramnagar, Ward No. 10,
Police Station - Pipra, District - Supaul
5. Md. Manauor @ Sekh Manour @ Shekh Manowar @ Md. Manowor S/o
Noor Mohamad @ Noor Mohammad @ Md. Nurmahammad R/o Village -
Ramnagar, Ward No. 10, Police Station - Pipra, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Arun, Advocate
For the State : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 17-02-2026 The prayer for grant of anticipatory bail to Petitioner
No. 1, namely Md. Arwaj @ Arbaj Alam, has already been
dismissed as withdrawn vide order dated 28.01.2026.
2. Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
3. Petitioner Nos. 2 to 5 apprehend their arrest in a
case registered for the offence punishable under Sections 80 and
3(5) of the B.N.S..
Patna High Court CR. MISC. No.1703 of 2026(3) dt.17-02-2026
2/3
4. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his daughter was solemnized
with co-accused Md. Arwaj about two years ago as per Muslim
rites and rituals and thereafter, all the F.I.R. named accused
persons, including these petitioners, committed torture and
harassment with the victim due to non-fulfillment of demand of
dowry and subsequently, all the accused persons committed
murder of the victim.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 2 happens
to be Bhaisur (brother-in-law), Petitioner No. 3 happens to be
Gotni (sister-in-law), Petitioner No. 4 happens to be the mother-
in-law and Petitioner No. 5 happens to be the father-in-law of
the deceased. Petitioners are separate in mess and property and
have got no concern with the affairs of the deceased and her
husband. Informant is not an eye witness of the alleged
occurrence. Allegation of demand of dowry is general and
omnibus and no specific accusation of overt act has been alleged
against these petitioners. As a matter of fact, the deceased
committed suicide. Moreover, thrust of accusation is against
Patna High Court CR. MISC. No.1703 of 2026(3) dt.17-02-2026
3/3
husband of deceased who is already in custody since
04.02.2026. Petitioners claim clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to Petitioner Nos. 2 to 5 is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Petitioner Nos. 2 to 5 be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Supaul in connection with Pipra P.S. Case No. 279
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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