Patna High Court

Altaf Shah @ Altaf AlamversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to the petitioner.

Summary

Altaf Shah, the petitioner, sought anticipatory bail after learning that he may be arrested in a case registered under Sections 304B and 34 of the Indian Penal Code for the alleged dowry‑related murder of his wife. The prosecution alleges that Shah, along with family members, harassed the victim for dowry and subsequently caused her death at their matrimonial home. Shah contended that he is innocent, asserting that his wife suffered from severe mental and physical strain due to a paralysed child and that she committed suicide, with no prior complaints of cruelty. The State opposed the bail, emphasizing the specific accusations, the gravity of the offences, and Shah's relationship to the deceased. The Court, after considering the seriousness of the charges and the direct nature of the allegations, rejected the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case under Sections 304B and 34 IPC involving alleged dowry death.

Legislation cited

Indian Penal Code — s. 304B, 34

Subjects

dowry death
anticipatory bail
IPC 304B
IPC 34
murder
dowry harassment
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2108 of 2026
                      Arising Out of PS. Case No.-21 Year-2024 Thana- JAMHOR District- Aurangabad
                 ======================================================
                 Altaf Shah @ Altaf Alam Son of Aslam Shah Resident of Village - Bharthauli
                 Tola, Ansari Bigha, P.S. - Jamhore, District - Aurangabad (Bihar)

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Aman Vishal, Advocate
                 For the State           :        Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   17-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 304B and

                   34 of the Indian Penal Code.

                                3. As per prosecution case, marriage of daughter of

                   informant was solemnized with this petitioner in the year 2020

                   as per Muslim rites and rituals. It is alleged that thereafter, all

                   the F.I.R. named accused persons, including this petitioner,

                   harassed and tortured the victim due to non-fulfillment of

                   demand of dowry and subsequently, committed her murder.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.2108 of 2026(3) dt.17-02-2026
                                            2/3




          falsely been implicated in this case merely because he happens

          to be husband of the deceased. Informant is not an eye witness

          to the occurrence. As a matter of fact, the deceased was

          mentally and physically exhausted due to illness of her child as

          the said child was suffering from paralysis and mental

          abnormalities due to which she committed suicide. Even as per

          F.I.R., marriage of petitioner and the deceased occurred three

          years ago and during the said period, no complain with regard to

          cruelty and harassment was made by the deceased. Petitioner

          claims clean antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the F.I.R.

          with specific accusation that he, along with his family members,

          committed murder of daughter of informant due to non-

          fulfillment of demand of dowry. Petitioner is husband of the

          deceased who died unnatural death at her matrimonial house

          within seven years of marriage.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation, gravity of offence

          and the fact that petitioner is husband of deceased, who died

          unnatural death at her matrimonial house within seven years of
             Patna High Court CR. MISC. No.2108 of 2026(3) dt.17-02-2026
                                                         3/3




                       marriage, the prayer for grant of anticipatory bail to the

                       petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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