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Patna High Court

Shekh Ojair @ Ozair AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and specific conditions, including a monthly payment to the informant.

Summary

The petitioner, Shekh Ojair, husband of the informant, was arrested in a case alleging dowry harassment and related offences under Sections 126(2), 115(2), 85, 352 and 3(5) of the Bihar Negotiable (B.N.S.) and Sections 3 and 4 of the Dowry Prohibition Act. He applied for anticipatory bail, claiming innocence and offering to pay the informant Rs.3,000 per month as temporary relief. The State and the informant opposed the bail. The Court, after considering the petitioner's undertaking and the seriousness of the charges, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and specific conditions, including monthly payment to the informant and compliance with Section 482(2) of the B.N.S.S. The order also allowed the court below to cancel bail if conditions were breached.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the serious dowry‑related charges.
  • Whether imposing a monthly monetary payment to the informant is a valid condition for bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 482
  • bail conditions
  • criminal procedure
  • marital dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43089 of 2026

                 Arising Out of PS. Case No.-869 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Shekh Ojair @ Ozair Alam S/O Shekh Farman Resident of Village- Kolhua
                 Chautarwa, P.S. Chautarwa, District- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Alexander Ashok, Advocate
                                                 Mr. Jawed Akhtar, Advocate
                 For the State           :       Mr. Ahmad Ali, APP
                 For the Informant       :       Mr. Bimlesh Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner, husband of the informant,

                   apprehends his arrest in a case registered for the offence

                   punishable under Sections 126(2), 115(2), 85, 352 and 3(5) of

                   the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act.

                                3. As per prosecution case, marriage of informant was

                   solemnized with this petitioner and thereafter, all the F.I.R.

                   accused persons, including this petitioner, started demanding
Patna High Court CR. MISC. No.43089 of 2026(2) dt.01-07-2026
                                            2/3




          dowry and due to non-fulfillment of demand of dowry, the

          informant was subjected to cruelty and harassment.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner is quite innocent and denies

          the allegations made in the F.I.R.. As a matter of fact, petitioner

          never committed torture with the informant or demanded any

          dowry. However, the petitioner undertakes to give Rs. 3,000/-

          (three thousand rupees) per month by way of temporary

          relief/solace, starting from this month, to the informant.

          Petitioner claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant have vehemently opposed

          the prayer for grant of anticipatory bail to the petitioner.

                       6. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

          relief/solace of Rs. 3,000/- (three thousand rupees) per month

          to informant, in the event of arrest/surrender within a period of

          eight weeks from today, let the petitioner, above-named, be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, West

          Champaran, Bettiah in connection with Majhauliya P.S. Case
             Patna High Court CR. MISC. No.43089 of 2026(2) dt.01-07-2026
                                                         3/3




                       No. 869 of 2025, subject to condition as laid down under

                       Section 482(2) of B.N.S.S. with further following conditions:

                                           “(A.) Informant would file an affidavit before the
                                    court below and bring on record her saving bank
                                    account number for its communication to the petitioner.
                                          (B.) Petitioner would deposit the aforesaid
                                    amount per month in the saving bank account of the
                                    informant.
                                          (C.) In case, the petitioner fails to deposit the
                                    aforesaid amount for two consecutive months, the court
                                    below would be at liberty to cancel the bail bond.
                                          (D.) The aforementioned payment will be subject
                                    to any order passed in matrimonial, maintenance or
                                    connected proceedings. The present order, in no way,
                                    will preclude the parties to resolve the issue otherwise.”



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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