Patna High Court
Shekh Ojair @ Ozair AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Negotiable (B.N.S.) — s. 115(2), 126(2), 3(5), 352, 85
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
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
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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
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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/-
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