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Patna High Court

Sanjeera KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, comprising Sanjeera Khatoon, Md. Majloom, Bano Khatoon and Noor Alam, feared arrest in a criminal case (PS 216 of 2023) involving alleged rape under IPC sections 376 and 34 and dowry demands under Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that co‑accused Md. Sadre Alam committed rape on a false pretext of marriage and demanded dowry, leading to the filing of the case. The petitioners argued that only a dowry case, which is bailable, is applicable to them and that Sadre Alam had already been granted anticipatory bail. The State opposed the grant of anticipatory bail to the petitioners. The High Court, considering the facts and the earlier bail to Sadre Alam, ordered that the petitioners be granted anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 and two sureties each, under the conditions of Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners in a case involving alleged rape and dowry demands.
  • Whether the alleged offences against the petitioners are bailable under the Dowry Prohibition Act.
  • Whether the conditions under Section 482(2) of the B.N.S.S. permit the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • dowry prohibition
  • IPC Section 376
  • IPC Section 34
  • Dowry Act Section 3
  • Dowry Act Section 4
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32897 of 2026
                 Arising Out of PS. Case No.-216 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
           1.     Sanjeera Khatoon wife of Late Ghuran Resident of Village -Basauli P.s-
                  Ghanshyampur Dist -Darbhanga
           2.    Md. Majloom @ Majnoom son of Late Yusuf Resident of Village -Basauli
                 P.s-Ghanshyampur Dist -Darbhanga
           3.    Bano Khatoon Wife of Md. Majloom @ Majnoom Resident of Village
                 -Basauli P.s-Ghanshyampur Dist -Darbhanga
           4.    Noor Alam Son of Late Ghuran Resident of Village -Basauli P.s-
                 Ghanshyampur Dist -Darbhanga

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Girish Chandra Jha, Adv
                 For the Opposite Party/s :      Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   13-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in a

                   case in connection with Ghanshayampur P.S. Case No. 216 of

                   2023 registered for the offences punishable under Section

                   376/34 of the I.P.C. and Section 3/4 of the Dowry Prohibition

                   Act.

                                3. As per the prosecution case, co-accused Md. Sadre

                   Alam on the false pretext of marriage has committed rape on the

                   informant’s daughter and it has been further alleged that the
Patna High Court CR. MISC. No.32897 of 2026(2) dt.13-05-2026
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          family members of Md. Sadre Alam demanded Rs. 3 Lakhs and

          a motorcycle as dowry and further stated that if the demand is

          not met the marriage would not be performed.

                       4. Learned counsel for the petitioners has submitted

          that the allegation of physical relationship on false pretext of

          marriage is against co-accused Md. Sadre Alam and the said co-

          accused Sadre Alam has been granted the privilege of

          anticipatory bail by the co-ordinate Bench of this Court by order

          dated 03.07.2024 passed in Cr. Misc. No. 36419 of 2024. It has

          further been submitted that at best a case under Section 3 and 4

          of the Dowry Prohibition Act is made out against the petitioner

          which is bailable in nature. It has further been submitted that co-

          accused Sadre Alam has performed marriage with the daughter

          of the informant/victim and after such marriage the parties have

          filed a joint petition in the court below.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the above named petitioners, in the event of their

          arrest/surrender within a period of six weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.

          10,000/- (Rupees Ten thousand) each with two sureties of the
             Patna High Court CR. MISC. No.32897 of 2026(2) dt.13-05-2026
                                                         3/3




                       like amount each to the satisfaction of the learned court

                       concerned, in connection with Ghanshayampur P.S. Case No.

                       216 of 2023, subject to conditions as laid down under section

                       482(2) of the B.N.S.S.

                                    7. The application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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