Patna High Court
Mohd. Jamshed Azhar @ Md Jamshed AjharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Mohd Jamshed Azhar and his wife, sought anticipatory bail fearing arrest in a criminal complaint alleging offences under several IPC sections, including dowry harassment, criminal intimidation, and sexual assault. The FIR alleged that their son, Md Ruhullah, had a physical relationship with the complainant, demanded dowry, and refused to marry her, leading to the filing of the case. The petitioners contended they were innocent, merely parents of the accused, and were being over‑implicated. The State opposed the bail application. The Court, considering the nature of the allegations and the petitioners' claim of innocence, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioners be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners who are parents of the alleged primary offender.
- Whether the petitioners can be held liable for the offences alleged against their son under the IPC.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this circumstance.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 354, 376, 406, 420, 498A
Subjects
- anticipatory bail
- dowry harassment
- sexual assault
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- over‑implication
- parental liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4117 of 2026
Arising Out of PS. Case No.-10307 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Mohd. Jamshed Azhar @ Md Jamshed Ajhar S/O Ayuub Resident of village-
Duba, Panchayat- Taran, ward no. 09 P.S.- Jokihat, District- Araria.
2. Bibi Mariyam W/O Mohd. Jamshed Azhar @ Md Jamshed Ajhar Resident
of village- Duba, Panchayat- Taran, ward no. 09 P.S.- Jokihat, District-
Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Parveen Musharrat D/O Late Hamid Ansari R/O Saguna More, Kali Mandir
Cant Road, P.S.- Danapur, Dist.- Patna, Presently R/O Magistrate Colony,
Road No. 2B, P.S.- Rajiv Nagar, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Ziaul Quamar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 406, 420, 323, 341,
498A, 376, 354/34 of the Indian Penal Code.
3. As per F.I.R., co-accused Md. Ruhullah established
physical relation with the complainant for about four years, on
pretext of marriage, and when complainant asked to solemnize
marriage, co-accused Md. Ruhullah and his family members,
including these petitioners, demanded dowry and thereafter,
Patna High Court CR. MISC. No.4117 of 2026(2) dt.19-02-2026
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refused to marry.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Specific allegation of sexual assault is against co-accused Md.
Ruhullah and petitioners have been made accused in this case
merely because they are his parents. Petitioners are simply
victims of over-implication and claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners in the event of their arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of Judicial Magistrate, 1st Class, Patna in connection
with Cr. Complaint Case No. 10307 (C) /2023, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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