Patna High Court
Md. KaifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Kaif, sought anticipatory bail after an FIR (Mahila P.S. Case No. 83 of 2025) alleged that he had a physical relationship with the informant Aliya Nazir, demanded dowry, and subsequently married another woman. The petitioner contended that the allegations were false, that both parties were adults, and that he is now married and living peacefully. The State opposed the bail, arguing the seriousness of the allegations under Sections 69 and 3(5) of the Bhartiya Nagarik Suraksha Sanhita (BNSS). The Court examined whether the allegations warranted denial of bail and considered the applicability of Section 482(2) BNSS for anticipatory bail. Finding no conclusive evidence of a non‑consensual act and noting the petitioner’s cooperation, the Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions including cooperation with investigation and verification of any criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS.
- Whether the allegations in the FIR constitute a cognizable offence justifying denial of bail.
- Whether the petitioner’s criminal antecedent, if any, affects the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 3(5), 482(2), 69
Subjects
- anticipatory bail
- dowry
- physical relationship
- BNSS
- Section 482
- criminal antecedent
- FIR
- Mahila Police Station
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25145 of 2026
Arising Out of PS. Case No.-83 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Md. Kaif S/o- Md. Rasid @ Mohammad Rashid Resident of Bankra Uttar
Para P.S- Howrah, Dist- Howrah, W.B
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aliya Nazir D/o- Nazir Ahmad R/v- Chtti Kaodi, Kandhai Tola Ps-
Khajekalan Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Fakhruddin Ali Ahmad, Adv.
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No- 83 of 2025 registered for the offence
under Section 69, 3(5) of BNSS.
3. As per prosecution case, the Informant Aliya Nazir
on 18-07-2025 before the SHO, Mahila P.S., Patna alleging
therein that her marriage was arraigned with Md Kaif who has
made physical relationship with her and later-on demanded
dowry and engaged to another girl on 19-07-2025. Accordingly,
the FIR.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
Patna High Court CR. MISC. No.25145 of 2026(2) dt.29-04-2026
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falsely been implicated in this case. Learned counsel for the
petitioner further submits that both the petitioner as well as the
informant are adult and there has not been any physical
relationship. Learned counsel for the petitioner next submits that
petitioner is now a married person living happily with his wife.
5. The learned APP opposes the anticipatory bail
application.
6. From the allegations levelled in the FIR it
transpires that there is allegation against the petitioner of having
established physical relationship with the informant. Both the
petitioner as well as the informant are adults and the possibility
of there being a consensual relationship cannot be ruled that
because the petitioner and informant could not get married,
therefore, the petitioner has been implicated in this case.
Petitioner is now a married person living happily with his wife.
Under these circumstances, I am inclined to grant privilege of
anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.25145 of 2026(2) dt.29-04-2026
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amount each to the satisfaction of the learned Smt. Somiya
Suman, JMFC. Patna in connection with Mahila P.S. Case No-
83 of 2025, subject to the conditions laid down under Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with
following conditions:
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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