Samir KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33722 of 2026
                      Arising Out of PS. Case No.-63 Year-2025 Thana- MAHILA P.S. District- Siwan
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                 Samir Khan S/o Babudin Khan Resident of - Asnand Tola Belsara P.S -
                 Uchkagao, District – Gopalganj, Bihar 841438.     ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar.
           2.     Najiya Khatun D/o Shekh Mohmmd Aslam R/o Village P.O. - Bindusar
                  Bujurg, P.S - Mahadeva, District – Siwan.
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Venkatesh Kirti, Advocate
                 For the Opposite Party/s :       Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Siwan Mahila Thana P.S. Case No. 63 of 2025

                   registered for the offences punishable under Section 85 of the

                   BNS, 2023 and Section ¾ of Dowry Prohibition Act, 1961.

                                3. The allegation against the petitioner is to commit

                   mental and physical cruelty upon the informant alongwith family

                   members/co-accused persons due to non-fulfillment of demand of

                   dowry, as raised for cash of Rs. 8 lakhs.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the present FIR was lodged purely on
Patna High Court CR. MISC. No.33722 of 2026(2) dt.14-05-2026
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          the basis of concocted allegation as if the facial allegation of the

          FIR be taken into consideration, then it appears that the

          informant/wife was ousted from her matrimonial home on

          20.03.2024 after keeping her jewelries and clothes worth of Rs.

          8 lakh. It is submitted that thereafter for more than one year

          nothing happened and on one such very occasion i.e. on

          09.06.2025, this petitioner after visiting to parental house of the

          informant alleged to assault informant and demanded Rs. 8 lakh

          from her father. It is submitted that the FIR in issue was lodged

          on 03.08.2025 i.e. after about two months of the last occurrence

          which alleged to be taken place on 09.06.2025. It is submitted

          that the delay to lodge aforesaid FIR not appears explained by

          the informant and, moreover, the allegation qua committing

          physical and mental cruelty and also to demand of dowry as

          alleged appears very much general and omnibus against

          petitioner and his family members. It is pointed out that the

          prayer of anticipatory bail of petitioner was rejected by the

          learned trial court for the simple reason that he is the husband of

          the informant. Petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as the allegation to commit mental and
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                        physical cruelty and also of dowry demand prima facie appears

                        very much general and omnibus in nature, coupled with the fact

                        that the delay as to lodge the present FIR prima facie also not

                        appears explained, accordingly, above named petitioner, in the

                        event of his arrest or surrender before the learned trial Court,

                        within a period of four weeks of the order, 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 Sub-Divisional Judicial Magistrate,

                        Siwan/concerned Court, where the case is pending in connection

                        with Siwan Mahila Thana P.S. Case No. 63 of 2025 subject to

                        the conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T