Patna High Court
Md. Woamair Riyani Rizwi @ Md. Woamair Riyani Razwi @ Md. Woamair Raiyani RazviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioners subject to bond, sureties and cooperation conditions.
Summary
The petitioners, three relatives of accused Akeel Rumani, applied for anticipatory bail fearing arrest in a case registered under IPC sections 406 and 420 concerning a disputed marriage negotiation and alleged money transfer. The FIR specifically alleges that the money was transferred into Akeel Rumani’s bank account, while the petitioners are only said to have been present during the negotiations and face no direct allegation of receiving any amount. The State opposed the bail, but the court noted that the thrust of the allegation lies with Akeel Rumani and that there is no substantive charge against the petitioners. Considering these facts, the court granted anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties of the same amount and the condition of cooperation with the investigation. The order is made under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail should be granted to persons only alleged to be present during a marriage negotiation, with no direct allegation of receiving money, in a case under IPC sections 406 and 420.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- IPC 406
- IPC 420
- criminal breach of trust
- cheating
- bail bond
- high court
- family members
- marriage negotiation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2949 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- BAISI District- Purnia
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1. Md. Woamair Riyani Rizwi @ Md. Woamair Riyani Razwi @ Md. Woamair
Raiyani Razvi S/O Late Md. Hifzur Rahman R/O Parbheli,P.S - Kadwa,
District - Katihar
2. Md. Woazair Daiyani @ Md. Woozair Daiyad Razvi @ Md. Woazair
Daiyani Razwi S/O Late Md. Hifzur Rahman R/O Parbheli,P.S - Kadwa,
District - Katihar
3. Bibi Asmat Ara @ Bibi Asmat Ara Begum W/O Late Md. Hifzur Rahman
R/O Parbheli,P.S - Kadwa, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Baisi P.S. Case no.319 of 2025 registered under sections
406 and 420 of Indian Penal Code.
3. Allegations in the F.I.R relates to money being
taken in the bank account of accused Akeel Rumani on account
of negotiation of marriage which subsequently failed.
4. Learned counsel for the petitioners submits that
upon a bare perusal of the F.I.R., it is apparent that the alleged
Patna High Court CR. MISC. No.2949 of 2026(2) dt.28-01-2026
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monetary transaction has been attributed to the co-accused
Akeel Rumani against whom there is a specific allegation that
the money was transferred into his bank account. So far as the
present petitioners are concerned, they have only been made
accused with regard to the fact that they are family members of
the Akeel Rumani and with the allegation that they were also
present during marriage negotiation. It has further been
submitted that there is no allegation upon these petitioners of
having received any amount either in cash or in their bank
account. The petitioners undertake to co-operate in
investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that thrust of the
allegation with regard to receipt of the amount from the
informant is on Akeel Rumani, it is directed that the petitioners,
above named, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Baisi P.S. Case no.319 of
2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2949 of 2026(2) dt.28-01-2026
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satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023 and subject to the further condition
that the petitioners are directed to co-operate in the
investigation/trial.
(Soni Shrivastava, J)
Harsh/-
U T
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