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Patna High Court

Md. TauhidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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