Patna High Court
Md. TauhidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Md. Tauhid, sought anticipatory bail fearing arrest in a criminal case (C.A. No.2650/2019) for alleged offences under IPC sections 498A and 34. He contended that the allegations of dowry demand and cruelty were false, arising from matrimonial discord, and asserted his innocence, lack of criminal record, and attempts to reconcile with his wife. The State opposed the bail application. After considering the petitioner's statements and submissions, the court inclined to grant anticipatory bail. The court ordered that, if arrested within six weeks, the petitioner be released on bail upon furnishing a Rs.20,000 bond with two sureties, subject to conditions under Section 482(2) of the CrPC. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under IPC 498A read with 34.
- Whether the allegations against the petitioner are false and warrant denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- section 34 IPC
- CrPC section 482
- matrimonial discord
- false allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28776 of 2026
Arising Out of PS. Case No.-2650 Year-2019 KATIHAR COMPLAINT CASE District-
Katihar
======================================================
Md. Tauhid S/o Md. Bitu Miyan @ Md. Bittu @ Md. Bittu Miyan Resident of
Madhura, P.S.- Korha, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ansari Khatoon W/o Md. Tauhid, D/o Md. Najrul R/o vill - Madhura, P.S.-
Korha, Distt.- Katihar, at present R/o vill- Raghunichak, P.O.- Mansahi, P.s.-
Mansahi, Distt.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Musowir, Adv.
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with C.A. Case No. 2650/ 2019 registered for the offence(s)
punishable under Section(s) 498A read with 34 of the IPC.
3. Learned counsel for the petitioner submits that the
petitioner is the husband of the so called victim and he is
innocent and has been falsely implicated due to matrimonial
discord. It is further submitted that the allegations are general
and omnibus in nature and the petitioner has no criminal
antecedent and is a labourer by profession. It is also submitted
that the petitioner has made several efforts to bring back his
wife but she refused to come with him and further the allegation
Patna High Court CR. MISC. No.28776 of 2026(2) dt.01-05-2026
2/2
of demand of dowry and torture against the petitioner is false
and concocted.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, this court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest/surrender before the
learned court below within a period of six weeks from today, be
released on anticipatory bail in connection with C.A. Case No.
2650/ 2019 on furnishing bail bonds of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the Court concerned, subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
BKS/-
U T
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