Patna High Court
Md. DilsherversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court granted provisional bail to the petitioner subject to a cash bond and mediation conditions, with confirmation contingent on restored matrimonial harmony.
Summary
The petitioner, Md. Dilsher, was apprehended for alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961, stemming from a complaint by his mother‑in‑law alleging dowry‑related torture and a second marriage. He is already on bail in a separate case filed by his wife and now seeks bail in the mother‑in‑law’s case. The State opposed the bail. The High Court, considering the petitioner’s willingness to treat his wife with dignity, granted provisional bail on a cash bond of Rs.30,000, subject to conditions under Section 2(1)(d) of the B.N.S.S. and Section 482(2). The Court also directed the trial court to conduct mediation between the parties and to confirm the bail if matrimonial harmony is restored or if the wife fails to appear. The bail application was consequently disposed with the provisional bail order.
Issues considered
- Whether the petitioner is entitled to provisional bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged dowry‑related offences.
- Whether the conditions of mediation and restoration of matrimonial harmony are appropriate grounds for confirming bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 127(2), 2(1)(d), 318(4), 3(5), 352, 85
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- dowry harassment
- matrimonial dispute
- mediation
- provisional bail
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32986 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- FALKA District- Katihar
======================================================
Md. Dilsher S/o Md. Nayeem Resident of Rangapura, Ward no. 9, P.S.
-Mirganj, Dist. - Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shabana Khatoon D/o Md. Shakil R/o Village - Kajha, P.S. - K. Nagar, Dist.
- Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Adv.
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Falka P.S. Case No. 93 of 2025 lodged on 08.08.2025, for
the offence punishable under Sections 126(2), 127(2), 115(2),
85, 318(4), 352, & 3(5) of the Bharatiya Nyaya Sanhita, 2023
and sections 3 & 4 of the Dowry Prohibition Act, 1961.
3. As per the prosecution, FIR has been lodged against
nine named accused persons including the present petitioner. It
has been alleged by the petitioner’s mother in law that the
accused persons including the petitioner have tortured her
daughter in the name of dowry. The accused persons have also
solemnized the second marriage of the petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32986 of 2026(2) dt.13-05-2026
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petitioner is innocent and has committed no offence. Counsel
submits that there are two cases filed against the petitioner, i.e.
one case has been filed by the petitioner’s wife and another case
has been filed by the petitioner’s mother in law (the present
case). He submits that the petitioner is on bail in the case which
has been filed by the petitioner’s wife and in the present case
which has been filed by the petitioner’s mother in law, he is
persuading for bail. He further submits that the petitioner is
ready to keep his wife (opposite party no.2) with full dignity and
respect.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case considering that the petitioner is ready to keep his wife
(opposite party no.2) with full dignity and respect, let the above
named petitioner be released on provisional bail, in the event of
arrest or surrender before the Trial Court within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the B.N.S.S., 2023 to the satisfaction of Sub-Divisional Judicial
Magistrate, Katihar, in connection with Falka P.S. Case No. 93
of 2025, subject to the conditions as laid down U/s 482(2) of the
Patna High Court CR. MISC. No.32986 of 2026(2) dt.13-05-2026
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B.N.S.S., 2023.
7. The concerned trial court is directed to conduct
mediation between the petitioner and the opposite party no.2
and if, the report of the mediator suggests that the matrimonial
harmony has been substantially restored between the parties, the
provisional bail granted to the petitioner shall be confirmed. The
provisional bail of the petitioner shall also be confirmed in the
event, if the opposite party no.2 fails to appear before the
concerned trial court, or if the opposite party no.2 gets reluctant
to reconcile the issue. The process of the mediation shall be
concluded within 90 days from the date of appearance of the
informant’s daughter (opposite party no.2).
8. Accordingly, this bail application stands disposed
off.
(Dr. Anshuman, J)
Divyansh/-
U T
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