Patna High Court
Md. IrfanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, who are relatives of a deceased woman alleged to have been a victim of dowry death, 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 family members, including the petitioners, tortured and eventually murdered the victim for dowry demands, while the defense argued that the accusations were general, omnibus, and unsupported by any specific overt act, and that the petitioners had clean antecedents and no involvement in the deceased's affairs. The State opposed the bail, but the court noted the lack of concrete evidence against the petitioners and the general nature of the allegations. Relying on the principles of anticipatory bail and the discretion under Section 482(2) of the B.N.S.S., the court granted anticipatory bail to the petitioners. The order stipulated that if arrested within eight weeks, each petitioner must furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions imposed by the Judicial Magistrate of First Class, Saran.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a dowry death case where the allegations against them are general and omnibus.
- Whether the clean antecedents of the petitioners and lack of specific evidence justify the grant of anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- dowry death
- general and omnibus accusation
- clean antecedents
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2278 of 2026
Arising Out of PS. Case No.-538 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
1. Md. Irfan S/o Md. Sameem R/o Village - Hukraha, P.S - Dariyapur, District -
Saran
2. Md. Sahbaj @ Md. Sahbaz S/o Md. Irfan R/o Village - Hukraha, P.S -
Dariyapur, District - Saran
3. Meena Begam W/o Md. Irfan R/o Village - Hukraha, P.S - Dariyapur,
District - Saran
4. Siyana Praveen @ Saniya Praveen @ Sayana Praveen D/o Md. Irfan R/o
Village - Hukraha, P.S - Dariyapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Priyanka Singh, Advocate
For the State : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 80 and 3(5)
of the B.N.S..
3. It is a case of dowry death. As per prosecution case,
informant alleged that marriage of his sister was solemnized
with co-accused Md. Dilshad on 15.06.2025 as per Muslim rites
and rituals and thereafter, all the F.I.R. named accused persons,
including these petitioners, committed torture and harassment
Patna High Court CR. MISC. No.2278 of 2026(3) dt.13-03-2026
2/3
with the victim due to non-fulfillment of demand of dowry and
subsequently, all the accused persons committed murder of the
victim.
4. 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. 1 happens
to be father-in-law, Petitioner No. 2 happens to be elder brother-
in-law, Petitioner No. 3 happens to be mother-in-law and
Petitioner No. 4 happens to be sister-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. Thrust of accusation is against husband of deceased
who is already in custody. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
Patna High Court CR. MISC. No.2278 of 2026(3) dt.13-03-2026
3/3
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners 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 J.M.F.C., Saran at
Chapra in connection with Dariyapur P.S. Case No. 538 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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