Patna High Court
Md. SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Md. Sahil, was arrested in a dowry case (Sheikhpura Mahila P.S. Case No. 8 of 2020) involving charges under IPC sections 498A, 324, 307, 504, 506, 34 and Dowry Prohibition Act sections 3 and 4. The informant, his wife, alleged that he and others demanded Rs.5 lakh as dowry, attempted to burn her with kerosene, and threatened her life to force a second marriage. The petitioner contended that the allegations were false, he had no criminal antecedent, and no specific date of the alleged offence was provided. The State opposed bail, citing the seriousness of the charges. The Court, after considering the allegations, the petitioner’s clean record and the fact that he had been in custody since 5 February 2026, ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of dowry harassment and attempted murder.
- Whether the allegations in the FIR are sufficient to justify denial of bail.
- Whether the petitioner’s lack of criminal antecedent and period of custody affect the bail decision.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 324, 34, 498A, 504, 506
Subjects
- dowry harassment
- regular bail
- IPC
- Dowry Prohibition Act
- attempted murder
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17854 of 2026
Arising Out of PS. Case No.-8 Year-2020 Thana- MAHILA P.S. District- Sheikhpura
======================================================
Md. Sahil S/o- Ali Razah, R/v- Urain, PS- Kazra, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sarita Kumari, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sheikhpura (Mahila)
P.S. Case no. 8 of 2020 registered under sections 498A, 324,
307, 504, 506 and 34 of the Indian Penal Code and sections 3
and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant states
that she was married to the petitioner six years back. At the time
of marriage, various gifts etc worth Rs.10 Lacs were given.
Subsequent to the marriage, the informant states that the
accused persons including the petitioner herein started torturing
her asking her to get Rs.5 Lacs by way of dowry. Subsequently
they made an attempt to burn her by pouring kerosene oil. She
was threatened that she would be killed and the petitioner would
Patna High Court CR. MISC. No.17854 of 2026(2) dt.25-03-2026
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be married to one Roshni Praveen. Ultimately she escaped
saving her life along with her child and is living with her
mother.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the reason
of his being the husband of the informant. The allegation of demand
of dowry etc are all false and concocted. There had been no
occurrence of the petitioner and others pouring kerosene oil and
making an attempt on the life of the informant and it is for this
reason, no details including any date of occurrence has been given by
the informant. So far as the allegation of threat on the informant’s life
for the petitioner to be married again is concerned, the same is also
not substantiated in so far as the personal law of the petitioner does
not bar a second marriage. The petitioner is in custody since 5.2.2026
and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the submissions made by learned counsel
for the petitioner, his being in custody since 5.2.2026 and not
having any criminal antecedent, the Court directs the petitioner to
Patna High Court CR. MISC. No.17854 of 2026(2) dt.25-03-2026
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be enlarged on bail in connection with Sheikhpura (Mahila) P.S. Case
no. 8 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge, Sheikhpura.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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