Patna High Court
Md. Noor AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bail bond and surety conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Md. Noor Ali, feared arrest in a criminal complaint (Case No. 1816C of 2023) alleging offences under IPC sections 323, 504, 498A and 34, as well as Sections 3 and 4 of the Dowry Prohibition Act. An earlier anticipatory bail application was rejected by the District Court. During the pendency of the present application, the petitioner and his wife (OP No.2) amicably settled the dispute, with the wife receiving a settlement of Rs. 21,01,786, a fact not contested by her counsel. The petitioner sought anticipatory bail on the condition of furnishing a bail bond of Rs. 10,000 with two sureties, subject to the provisions of Section 482(2) of the Criminal Procedure Code. After hearing both sides, the High Court allowed the anticipatory bail application, imposing the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry harassment and related IPC offences despite a prior rejection by the lower court
- Whether the settlement between the parties affects the court's discretion to grant anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- settlement
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33266 of 2025
Arising Out of PS. Case No.-1816 Year-2023 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Md. Noor Ali S/o Late Gulamanvi Kuraishi R/o Mohalla- Chiktouli, Garhayi,
P.S.- Ara Town, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ishrat Jahan W/o Md. Noor Ali D/o Abdul Haque Kuraishi, R/o Mohalla-
Chiktouli, Garhayi, P.S.- Ara Town, District- Bhojpur. Presently residing at
Mohalla- Valiganj, Dharhara, P.S.- Ara Town, District- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bandana Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
For the O.P. No. 2 : Mr. Sunil Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 09-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the O.P. No. 2
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 323, 504,
498A and 34 of the Indian Penal Code read with Sections 3 and
4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that
petitioner and the O.P. No. 2 are husband and wife and the
complaint case came to be instituted by the O.P. No. 2 based on
which cognizance was taken, thus, petitioner apprehended
arrest. It is next submitted that the anticipatory bail application
of the petitioner was rejected by the learned District Court, thus,
Patna High Court CR. MISC. No.33266 of 2025(7) dt.09-02-2026
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the instant anticipatory bail application has been filed.
4. The learned counsel appearing on behalf of the
petitioner next submits that during pendency of the anticipatory
bail application and on intervention of well wishers, the parties
have resolved their dispute amicably by way of one time
settlement and O.P. No. 2 has received an amount of Rs.
21,01,786/-, the said submission of the learned counsel
appearing on behalf of the petitioner is not objected by the
learned counsel appearing on behalf of the O.P. No. 2.
5. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender before the learned trial court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Complaint Case No. 1816C of 2023 subject to
the conditions as laid down under Section 482 (2) of BNSS.
6. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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