Patna High Court
Md. Abrar Ansari @ RinkuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Md. Abrar Ansari, sought bail for multiple offences under the Bihar Narcotic Substances Act, 2023 and the Dowry Prohibition Act, alleging that the allegations of cruelty and assault were false and stemmed from a marital dispute. The prosecution alleged that the petitioner, after a failed divorce attempt, entered the informant's house and assaulted her with a knife, causing minor lacerations, and that he demanded dowry of Rs. 50,000. The petitioner’s counsel argued that the injuries were simple, the informant wanted to end the marriage, and the case was filed with malice, emphasizing the petitioner’s clean record and custodial status since January 2026. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs. 10,000 with two sureties, directing compliance with the Chief Judicial Magistrate.
Issues considered
- Whether bail should be granted to the petitioner for offences under the B.N.S., 2023 and the Dowry Prohibition Act.
- Whether the alleged acts constitute dowry harassment and domestic violence warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 329(4), 351(2), 351(3), 352, 85
- Dowry Prohibition Act — s. ¾
Subjects
- bail
- dowry harassment
- domestic violence
- criminal procedure
- Bihar Narcotic Substances Act
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43510 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Md. Abrar Ansari @ Rinku Son of Md. Barkat Ali @ Late Barkat Ali R/o
Village - Chatar Kajichak, P.S.- Barhara, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Yasmin Parveen Wife of Md. Abrar Ansari @ Rinku D/o , R/o Village -
Chatar Kajichak, P.S.- Barhara, District - Bhojpur, Presently Residing
Village Koilwar, Ward No. 13, P.S.- Koilwar, District - Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate.
Mr. Amish Kumar No I, Advocate.
Mr. Ishaan Raj, Advocate., Advocate.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 85, 126(2), 115(2), 118(1),
109, 329(4), 352, 351(2) and 351(3) of the B.N.S., 2023 and
Sections ¾ of the Dowry Prohibition Act.
3. The case of the prosecution, in short, is that the
informant was married to the petitioner two years ago. She is
also having a daughter out of wedlock. It is alleged that the
petitioner was in the habit of using intoxicants and she was
subjected to cruelty on account of non-fulfillment of the dowry
Patna High Court CR. MISC. No.43510 of 2026(2) dt.08-07-2026
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demand of Rs. 50,000/-. It is further alleged that a panchayati
has also taken place between the parties and the parties were
ready for divorce and to go to Imarat Sariya for the divorce, but
as the petitioner could not reach there, the divorce could not be
finalized. It is further alleged that while the informant was alone
at her house, the petitioner entered the house and assaulted her
with knife.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that it is much clearer from the FIR that
the informant does not want to continue the matrimonial
relationship, and as far as the allegation of cruelty on account of
non-fulfillment of the dowry demand is concerned, that is only a
superaddition. Regarding injuries, learned counsel for the
petitioner has submitted that Annexure-3 is the injury report,
which goes to show that the informant has received the
following injuries:
(i) lacerated would of size 1” x ½” x ¼” on her left
forearm.
(ii) lacerated wound of size ½” x ½” x ¼” on the left
breast.
Patna High Court CR. MISC. No.43510 of 2026(2) dt.08-07-2026
3/3
The doctor has opined that injuries nos. 1 and 2 are
simple in nature, caused by hard and blunt substance, and
regarding injury no. 3, it is said that the same is also simple in
nature. He further submits that the present case has been filed
only with a view to malice the petitioner. Moreover, a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 01.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bhojpur at Ara in connection with Koilwar
P.S. Case No. 213 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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