Patna High Court

Khalique @ KhalikversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482 CrPC.

Summary

The petitioners, who are relatives of the informant, sought anticipatory bail after learning that a case had been registered against them under Sections 126(2), 115(2), 352, 351(3), 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act, alleging torture and cruelty for dowry. They contended that they have no involvement in the family affairs of the informant and that the accusations are directed at the informant's husband. The State opposed the bail, arguing that the offences are serious and warrant custody. The Court examined the nature of the allegations, the relationship of the petitioners to the informant, and the statutory provisions governing anticipatory bail. It held that, in the interest of liberty and pending trial, the petitioners could be released on bail with strict conditions. Accordingly, the Court ordered that each petitioner furnish a bail bond of Rs.10,000 with two sureties, to be released within eight weeks, subject to Section 482 of the CrPC.

Issues considered

Whether anticipatory bail should be granted to the petitioners accused under the specified sections of the B.N.S. and Dowry Prohibition Act.
Whether the seriousness of the alleged dowry‑related torture justifies denial of bail.
Whether Section 482 of the Criminal Procedure Code can be invoked to enlarge bail in this case.

Legislation cited

B.N.S. — s. 115(2), 126(2), 3(5), 351(3), 352
Dowry Prohibition Act — s. 3, 4

Subjects

anticipatory bail
dowry prohibition
criminal law
torture
family dispute
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2429 of 2026
                        Arising Out of PS. Case No.-74 Year-2025 Thana- ANGARH District- Purnia
                 ======================================================
           1.     Khalique @ Khalik S/o- Late Zainuddin R/v- Khagjana W.No-3, Ps- Angarh
                  Dist- Purnea
           2.    Nargis W/o- Khalique @ Khalik R/v- Khagjana W.No-3, Ps- Angarh Dist-
                 Purnea
           3.    Shah Jamal S/o- Shamsul Haque R/v- Khagjana W.No-3, Ps- Angarh Dist-
                 Purnea
           4.    Arshadi @ Arshadi Begum D/o- Shamsul Haque R/v- Khagjana W.No-3, Ps-
                 Angarh Dist- Purnea
           5.    Dilkani S/o- Shamsul Haque R/v- Khagjana W.No-3, Ps- Angarh Dist-
                 Purnea
           6.    Raushan Ara W/o- Naushad R/v- Khagjana W.No-3, Ps- Angarh Dist-
                 Purnea
           7.    Izhar @ Md. Izhar Alam S/o- Maharuddin R/v- Khagjana W.No-3, Ps-
                 Angarh Dist- Purnea
                                                                   ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar
           2.     Sonam Begum D/o- Saidul Rahman R/v- Khagjana W.No-3, Ps- Angarh
                  Dist- Purnea
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :       Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 352, 351(3), 3(5) of the B.N.S. and Sections 3/4 of the

                   Dowry Prohibition Act.

                                3. Allegation against petitioners is of commission of

                   torture and cruelty to the informant for dowry.
           Patna High Court CR. MISC. No.2429 of 2026(2) dt.31-01-2026
                                                       2/2




                                  4. Petitioner no. 1 is father-in-law, petitioner no. 2 is

                     mother-in-law, petitioner no. 3 is cousin brother-in-law,

                     petitioner no. 4 is cousin Nanad, petitioner no. 5 is cousin

                     Bhaisur, petitioner no. 6 is married Nanad and petitioner is 7 is

                     brother-in-law (Devar) of the informant/opposite party no. 2.

                     Thrust of the accusation is against husband of the opposite party

                     no. 2. Petitioners are separate in mess and property and have got

                     no concern with the family affairs of informant and her husband.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of petitioners.

                                  6. In the facts and circumstances of the case, let the

                     above named petitioners, in the event of arrest/surrender within

                     a period of eight weeks from today, be enlarged on bail on

                     furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with

                     two sureties of the like amount each to the satisfaction of

                     learned Chief Judicial Magistrate, Purnea / concerned Court in

                     connection with Angarh P.S. Case No. 74 of 2025, subject to

                     condition as laid down under Section 482 of the B.N.S.S.



                                                      (Prabhat Kumar Singh, J)
anay

U      T

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