Patna High Court
Md. Shahnawaz Hussain @ ShahnawazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Md. Shahnawaz Hussain, sought anticipatory bail after being implicated in a criminal case (CR No. 957/2024) alleging offences under sections 115(2), 126(2), 64(1), 89, 352, 3(5) of the B.N.S. and section ¾ of the D.P. Act. The prosecution alleged that the petitioner, after teasing the complainant, promised marriage, took her to a hotel, had a physical relationship resulting in pregnancy, and later refused to marry, demanding a dowry of Rs.5 lakh, jewellery and a motorcycle, despite a panchayat order directing marriage. The petitioner contended that the relationship was consensual, lasted from 2018 to 2024, and that he was falsely implicated. The court examined the long‑term consensual nature of the relationship and the absence of evidence that the petitioner’s intent was solely to avoid marriage. Consequently, the court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in view of the alleged offences under the B.N.S. and D.P. Act?
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- consensual relationship
- dowry demand
- panchayat order
- Section 115
- Section 126
- Section 64
- Section 89
- Section 352
- Section 3(5)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18577 of 2026
Arising Out of PS. Case No.-957 Year-2024 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Md. Shahnawaz Hussain @ Shahnawaz S/O Md. Mustak @ Mustak Resident
of Village- Sakri, P.S- Sakri, Distt.- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Afsana Khatoon D/O Ali Hasan R/O Village- Sakri, Shebottar Tol, P.S-
Sakri, Distt.- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
C.R. Case No. 957 / 2024 dated 19.12.2024 registered under
Sections 115(2), 126(2), 64(1), 89, 352, 3(5) of the B.N.S. and
Section ¾ of the D.P. Act.
3. As per the prosecution case in the year 2018 when the
complainant consulted a doctor, his compounder i.e. the
petitioner started teasing / misbehaving the complainant and
upon objection, the petitioner said that he would marry her. It
has further been alleged that on the pretext of marriage the
petitioner took the complainant to a hotel located at Sakari
Gumati and established physical relationship with her on several
Patna High Court CR. MISC. No.18577 of 2026(2) dt.08-04-2026
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occasions as a result of which she became pregnant. In the
meanwhile, the petitioner started to refuse to marry the
complainant, upon which a ‘panchayati’ was held and the
decision of the ‘panch’ was made on 16.12.2024 at Sarpanch
office directing the petitioner to marry the complainant
according to Muslim customs and traditions but the petitioner
refused to marry and started demanding Rs. 5,00,000/- as
‘Mehar’ along with jewellery and a motorcycle.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in this case with oblique motive. The
complainant was major and she established consensual physical
relationship with the petitioner. The relationship of the
complainant with the petitioner continued for a fairly long
period of time i.e. from 2018 to 2024.
5. Regard being had to the submission made by the parties,
taking into consideration the fact that relationship between
petitioner and the complainant continued for a fairly long period
of time i.e. for about six years, subsequent break up in
relationship and it is not the case of the complainant that from
the very beginning the intention of the petitioner was not to
marry, accordingly , I am inclined to grant anticipatory bail to
the petitioner.
Patna High Court CR. MISC. No.18577 of 2026(2) dt.08-04-2026
3/3
6. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
S.D.J.M. Madhubani in connection with C.R. Case No. 957 /
2024 subject to the condition as laid down under Section 482 (2)
of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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