Patna High Court
Md. Badruzama @ Md. BadrujammaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the BNS.
Summary
The petitioner, Md. Badruzama, sought anticipatory bail fearing arrest in Complaint No. 207 of 2025, which alleged offences under Section 85 of the BNS and Section 4 of the Dowry Prohibition Act. He contended that the allegations of dowry demand, cruelty, and even a murder charge were false, arising from matrimonial discord after his 2010 marriage and the birth of a child out of wedlock, and that he was not named in the FIR concerning the alleged murder. The State opposed the bail application. After considering the submissions, the Court was inclined to grant anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 20,000 with two sureties, subject to conditions under Section 482(2) of the BNS. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Section 85 of the BNS and Section 4 of the Dowry Prohibition Act.
- Whether the petitioner’s claim of false implication and lack of involvement in the alleged murder warrants bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2), 85
- Dowry Prohibition Act — s. 4
Subjects
- anticipatory bail
- dowry prohibition
- false implication
- criminal procedure
- section 85 BNS
- section 4 Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28789 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Md. Badruzama @ Md. Badrujamma S/o Bhaifuzur Rahman R/o Vill- Bakhri,
P.S.- Bakhri, Distt- Begusarai
... ... Petitioner
Versus
1. The State of Bihar
2. Shabnam Ara D/o Md Ekwal presently a resident of Vill- Harrakh, P.S.-
Town, Distt- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Adv.
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 207 of 2025 in which
cognizance has been taken for the offences punishable under
section 85 of BNS and Section 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case due to matrimonial discord and the marriage in
between the petitioner and the complainant was solemnized in
the year 2010 and out of wedlock, a male child was born and the
allegations of dowry demand and cruelty are false and general in
nature. It is further submitted that the allegation of murder of
complainant’s brother is completely baseless as the petitioner is
not named in the FIR concerning to alleged murder. It is also
Patna High Court CR. MISC. No.28789 of 2026(2) dt.01-05-2026
2/2
submitted that the petitioner has clean antecedent.
4. Learned APP for the State has opposed the
prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid 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 or
surrender before the learned Court below within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the Court
concerned in connection with Complaint Case No. 207 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Shailendra Singh, J)
siddharthkr/-
U T
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