Patna High Court

Zeeshan KhanversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Zeeshan Khan, was named in an FIR for offences under IPC sections 323, 341, 498‑A, 506 and 34, and Section 3 of the Dowry Prohibition Act, alleging cruelty for non‑payment of dowry. The petitioner applied for bail, claiming the dispute had been settled out of court and that he has a clean antecedent. The State opposed the bail application. The Court, noting the prima‑facie settlement between the parties, directed that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

Whether bail should be granted to the petitioner despite the serious charges under the IPC and Dowry Prohibition Act.
Whether an alleged out‑of‑court settlement between the parties influences the grant of bail.
Whether the conditions of Section 438(2) CrPC and Section 482(2) BNSS are satisfied for bail.

Legislation cited

Bihar Negotiable Instruments (BNSS) — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Dowry Prohibition Act — s. 3
Indian Penal Code — s. 323, 34, 341, 498-A, 506

Subjects

bail
dowry harassment
IPC
Criminal Procedure Code
settlement
anticipatory bail
prima facie

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33346 of 2025
                      Arising Out of PS. Case No.-9 Year-2022 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 Zeeshan Khan S/o Jawed Anwar @ Javed Anwar Resident of Quarter no
                 30/3/2 Noor Md. Munshi Lane 1st Floor L.P. 150/10 Howrah, P.s.- Howrah,
                 Distt.- W.B.
                                                                       ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Sabana Khatun W/o Zeeshan Khan Permanent R/o Quarter No. 30/3/2 Noor
                  Md. Munshi Lane 1st Floor L.P. 150/10 Howrah, P.S. - Howrah, Distt.-
                  Howrah, W.B., D/o Alamgirh, R/o vill - Pakri, PS. - Ara Nawada, Distt. -
                  Bhojpur
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravindra Kumar
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   09-01-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Bhojpur Mahila P.S.

                   Case No. 09 of 2022 registered for the offences punishable under

                   Sections 323, 341, 498-A, 506 and 34 of the Indian Penal Code

                   and Section ¾ of the D.P. Act.

                                3. As per FIR, allegation against the petitioner is to

                   commit cruelty upon informant/O.P. No. 2 due to non-fulfillment

                   of demand of dowry.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that matter appears compromised between

                   the parties outside court. It is submitted that charge-sheet was
               Patna High Court CR. MISC. No.33346 of 2025(3) dt.09-01-2026
                                                           2/2




                         submitted and during investigation, where petitioner was given

                         benefit of Section 41-A of the Cr.P.C. It is submitted that

                         petitioner was in apprehension that he might be sent to judicial

                         custody on surrender. While concluding argument, it is submitted

                         that petitioner is a man of clean antecedent.

                                       5. Learned APP opposes the prayer of bail.

                                      6. In view of aforesaid factual submission and by taking

                         note of fact as matter appears prima-facie settled between the

                         parties outside court, accordingly petitioner above-named, in the

                         event of his arrest or surrender before the trial court within a

                         period of four weeks, is directed to be released on bail, furnishing

                         bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         SDJM, Bhojpur at Ara/concerned Court, where the case is pending

                         in connection with Bhojpur Mahila P.S. Case No. 09 of 2022,

                         subject to the conditions as laid down under Section 438(2) of the

                         Cr.P.C/ Section 482(2) of BNSS.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T

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