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Patna High Court

Jafir Ahmad @ Jaakir AhmadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petition for bail is allowed, subject to bond and surety conditions and compliance with Section 482(2) of the B.N.S.S., 2023.

Summary

Petitioner Jafir Ahmad applied for bail in a criminal case (Gaunaha P.S. Case No. 77 of 2025) involving offences under Sections 341, 323, 354B, 379, 498A, 506/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The allegations relate to dowry demands, alleged torture, and a child born out of wedlock, while the petitioner claims innocence and cites a pending restitution of conjugal rights suit. The petitioner had not previously applied for anticipatory or regular bail and is said to have a criminal antecedent. The informant‑wife expressed willingness to live with the petitioner and attend the matrimonial case. The High Court, after considering the circumstances, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation if antecedents are concealed or prior bail statements are false.

Issues considered

  • Whether bail should be granted in a case involving multiple serious IPC offences and the Dowry Prohibition Act.
  • Whether the petitioner’s alleged criminal antecedent and failure to seek earlier bail affect the grant of bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are appropriate.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • Indian Penal Code
  • Dowry Prohibition Act
  • restitution of conjugal rights
  • criminal antecedent
  • Section 482
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4484 of 2026
                  Arising Out of PS. Case No.-77 Year-2025 Thana- GAUNAHA District- West Champaran
                 ======================================================
                 Jafir Ahmad @ Jaakir Ahmad S/o Sheikh Hasnain, Resident of- Madhopur,
                 Amolwa, P.S - Gaunaha, District - West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Alwina Khatun W/o Jafir Ahmad D/o Mir Hasan @ Sheikh Bhola, Resident
                 of - Madhopur, Amolwa, P.S - Gaunaha, District - West Champaran Present
                 Resident of - Behind Registry Office, Ward No. 12, Narkatiyaganj, P.S -
                 Shikarpur, District - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Bimlesh Kumar Pandey, Advocate
                 For the State          :        Mr. Shailendra Kumar, APP
                 For the Informant      :        Mr. Sanjeev Kumar, Advocate
                                                 Mr. Sitesh Kashyap, Advocate
                                                 Mr. Raushan Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel for the Informant.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Gaunaha P.S. Case No. 77 of 2025, dated

                   01.06.2025, registered for the offences punishable under

                   Sections 341, 323, 354B, 379, 498A and 506/34 of the Indian

                   Penal Code and Section 3 and 4 of D.P. Act.

                                 3. As per allegation, the marriage between the

                   petitioner and the informant was solemnized seven years ago

                   and after the marriage, demand of dowry developed and on
Patna High Court CR. MISC. No.4484 of 2026(2) dt.04-02-2026
                                            2/4




          account of non-fulfillment of the same, she was being subjected

          to torture. There is also one male child born out of the wedlock.

                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. He further submits that on account of some wear and tear,

          the married life started running into rough weather. He further

          submits that petitioner is willing to keep his wife along with

          himself in his matrimonial home and he also filed one

          matrimonial petition for restitution of conjugal rights bearing

          Matrimonial Case No. 170 of 2025 pending in the Court of

          learned Principal Judge, Family Court, West Champaran at

          Bettiah.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has one criminal antecedent.

                       7. Learned counsel for the informant also submits that

          informant-wife is also willing to live with the petitioner-

          husband along with child and she will attend the restitution case

          and she will also go together with the husband-petitioner to live

          in his matrimonial home.
Patna High Court CR. MISC. No.4484 of 2026(2) dt.04-02-2026
                                            3/4




                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned concerned Court below, in connection with Gaunaha

          P.S. Case No. 77 of 2025, subject to the conditions as laid down

          under Section 482 (2) of the B.N.S.S., 2023,                  and on the

          following conditions:

                       (i) In case, it is brought to the notice of the court

          below that the petitioner has any criminal antecedents, learned

          court below shall cancel the bail bonds of the petitioner after

          hearing him and getting satisfied that the petitioner has

          concealed his criminal antecedents despite his knowledge of the

          same.

                       (ii) In case, it is brought to the notice of the court

          below that statement regarding previous bail petition is wrong,

          learned court below shall cancel the bail bonds of the petitioner.

                       9.    Learned       counsel      for   the   petitioner   will

          communicate the next date of hearing of the Matrimonial Case
           Patna High Court CR. MISC. No.4484 of 2026(2) dt.04-02-2026
                                                       4/4




                     No. 170 of 2025 to learned counsel for the informant within one

                     week.


                                                                    (Jitendra Kumar, J.)
ravishankar/-

U      T


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