Patna High Court

Md. Ehsan @ Bholi @ SanuversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner as the dowry demand allegation was deemed vague and the petitioner possessed a clean antecedent.

Summary

The petitioner, Md. Ehsan, sought bail in a criminal case (Falka P.S. Case No. 192 of 2024) alleging offences under Sections 126(2), 115(2), 85, 352, 351(2) and 3(5) of the BNS for dowry harassment. The prosecution alleged that the petitioner demanded a dowry of Rs. 3 lakh after ten years of marriage, causing cruelty to his wife, Ishrat Aara. The petitioner’s counsel argued that the dowry demand was a vague, omnibus allegation arising from domestic disputes and that the petitioner had a clean antecedent. The Additional Public Prosecutor conceded the marriage but opposed bail, while the court noted the general nature of the allegation and the lapse of ten years. Considering the lack of convincing evidence and the petitioner’s clean record, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the BNSS. The order directed the petitioner to appear before the Additional Sessions Judge, Katihar, within four weeks of arrest or surrender.

Issues considered

Whether the petitioner is entitled to bail under Section 482(2) of the BNSS in view of the dowry harassment allegations.
Whether the allegations of dowry demand, made after ten years of marriage, constitute sufficient ground to deny bail.

Legislation cited

BNS — s. 115(2), 126(2), 3(5), 351(2), 352, 85
BNSS — s. 482(2)

Subjects

bail
dowry harassment
criminal law
Section 482
domestic violence
BNSS
BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33776 of 2025
                        Arising Out of PS. Case No.-192 Year-2024 Thana- FALKA District- Katihar
                 ======================================================
                 Md. Ehsan @ Bholi @ Sanu S/O Late Md. Saleem @ Saleem Resident of
                 Village- Shekhpura, PS- Bhawanipur, Dist.- Purnea. ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar.
           2.     Ishrat Aara, w/o Md Ehsan @ Bholi@ Sanu Resident of village-
                  Shekhpura, P.S.- Bhawanipur, Distt-Purnea.
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghvendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   05-01-2026                     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 Falka P.S. Case No. 192 of 2024 registered for

                   the offences punishable under Sections 126(2), 115(2), 85, 352,

                   351(2), 3(5) of the BNS.

                                3. The allegation against the petitioner is to commit

                   cruelty upon the informant/opposite party no. 2 due to non

                   fulfillment of demand of dowry as raised for cash of Rs. 3 lacs.

                                4. It is submitted by Mr. Raghvendra Kumar Singh,

                   learned counsel appearing on behalf of the petitioner that out of

                   casual domestic disputes, the allegation of demanding dowry was
Patna High Court CR. MISC. No.33776 of 2025(5) dt.05-01-2026
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          raised after ten years of marriage, which appears not convincing

          on its face. It is submitted that the informant/opposite party no. 2

          have two children from present wedlock. It is submitted that even

          the FIR suggest that demand of dowry is very much general and

          omnibus as same was alleged to be raised by entire family

          members including this petitioner. Petitioner claimed clean

          antecedent.

                       5.    Learned APP duly assisted by learned counsel

          appearing on behalf of the informant, while opposing the prayer of

          bail submitted that petitioner is the husband. It is conceded that

          marriage of the informant/opposite party no. 2 was solemnized

          with this petitioner in year 2013 itself.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as allegation of raising demand of dowry is

          appearing very much general and omnibus qua petitioner after

          passing 10 years of marriage, 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 Additional Sessions Judge-V,

          Katihar/concerned Court, where the case is pending in connection
              Patna High Court CR. MISC. No.33776 of 2025(5) dt.05-01-2026
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                        with Falka P.S. Case No. 192 of 2024, subject to the conditions as

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



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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