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Patna High Court

Md. Zahir @ Md. Zahid HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions under Section 482(2) of the B.N.S.

Summary

The petitioner, Md. Zahir, was accused of offences under Sections 69, 64, 318(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and Section ¾ of the Dowry Prohibition Act, stemming from a matrimonial dispute in which the informant alleged that the petitioner demanded a Scarpio vehicle as dowry. The prosecution’s case relied on a FIR filed on 13‑10‑2025 for an alleged incident that occurred on 20‑06‑2025, showing a delay of nearly four months without explanation. The petitioner contended that the allegations were false, that the FIR was lodged to pressure him into a marriage proposal, and that he has a clean criminal antecedent. The State opposed bail, arguing that the petitioner’s illegal demand prevented the marriage from being solemnised. The Court, noting the unexplained FIR delay and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.15,000, two sureties, verification of antecedents, and compliance with Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted despite the serious nature of the alleged offences
  • Whether the unexplained delay in filing the FIR warrants denial of bail
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • dowry prohibition
  • criminal antecedent
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • matrimonial dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34286 of 2026
                   Arising Out of PS. Case No.-549 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Md. Zahir @ Md. Zahid Hussain S/o Late Md. Safur Ansari R/o vill -
                 Kalyanpur, PS- Kalyanpur, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   19-05-2026                   Heard the learned counsel for the petitioner and the

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Chakia P.S. Case No. 549 of 2025 for allegedly having

                   committed offence under Sections 69, 64, 318(2) and 3(5) of the

                   B.N.S. as well as Section ¾ of Dowry Prohibition Act.

                                3. As per the prosecution case, which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that the marriage of the daughter of the informant was

                   solemnised with Md. Ishtiaq. On 10.06.2025, five persons came

                   to see the girl and after consent of the parties, the marriage was

                   solemnised. Some gold ornaments were given at that time. It has

                   further been alleged that the boy met the daughter of the

                   informant and obtained her mobile number and started
Patna High Court CR. MISC. No.34286 of 2026(2) dt.19-05-2026
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          communicating with her. He took her to a place and established

          physical relationship with her. Later on, he refused to marry the

          girl and the petitioner went to the house of the informant and

          demanded a Scarpio vehicle and said that if the same will not be

          given, the boy is not agreeable for the marriage.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence

          rather. The prosecution story is entirely false and baseless. He

          submits that the date of occurrence is 20.06.2026 and the First

          Information Report has been lodged on 13.10.2025 i.e. after a

          delay of about 3 months and 23 days, which has not been

          explained in the First Information Report. He further submits

          that prior to the present First Information Report, the informant

          proposed the marriage in between the daughter of the informant

          and the son of the petitioner, claiming that both are in love,

          however petitioner and his family members refused for the said

          proposal. He submits that to put pressure upon the petitioner, so

          that the informant can marry his daughter with the son of the

          petitioner, the present case has been lodged against the

          petitioner and his family members. The petitioner has got a

          clean antecedent.

                       5. Learned APP for the State opposes a prayer for bail
Patna High Court CR. MISC. No.34286 of 2026(2) dt.19-05-2026
                                            3/4




          of the petitioner and submits that the due to illegal demand of

          the petitioner, the marriage, which was fixed in between the

          parties, has not been solemnised.

                       6. Having considering the rival submissions and after

          going through the records, it appears that the First Information

          Report has been lodged on 13.10.2025, for the occurrence,

          which is said to have taken place on 20.06.2025 i.e. after a delay

          of about 3 months 23 days and no explanation whatsoever has

          been given by the informant in the First Information Report. It

          has further transpired that the petitioner has got a clean

          antecedent. Considering the above let the petitioner, above

          named in the event of arrest/surrender within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Learned

          Chief Judicial Magistrate, East Champaran, Motihari in

          connection with Chakia P.S. Case No. 549 of 2025, subject to

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

          Bharatiya Nagarik Suraksha Sanhita, 2023, with further

          condition:

                       (1) The learned Court concerned shall verify the

          criminal antecedent of the petitioner and in case at any stage, it
            Patna High Court CR. MISC. No.34286 of 2026(2) dt.19-05-2026
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                      is found that the petitioner has concealed his criminal

                      antecedents, the court concerned shall take steps for cancellation

                      of bail bond of the petitioner. However, the acceptance of bail

                      bonds in terms of the above-mentioned order shall not be

                      delayed for purpose of or in the name of verification.


                                                  (Ritesh Kumar, J)

Ajay/Pallavi/-

U       T


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