Patna High Court
Md. Hisabuddin @ HisbuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Md. Hisabuddin, was implicated in a case alleging offences under IPC sections 341, 323 and 498A, and Dowry Prohibition Act sections 3 and 4, stemming from a family dispute after his marriage to the informant, Rojeena Khatoon. He contended that he had not demanded dowry, nor inflicted any torture, and that the allegations were general, omnibus and motivated by a domestic quarrel. The petitioner applied for anticipatory bail, relying on his clean antecedents and a prior High Court decision (Md. Naimul Haque Ansari & Ors. v. State of Bihar). The State opposed the bail, but the Court, after considering the nature of the accusations and the petitioner’s background, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order directs that the bail be effected if the petitioner is arrested within eight weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case involving alleged offences under IPC 341, 323, 498A and the Dowry Prohibition Act?
- Whether the general and omnibus nature of the allegations and the petitioner’s clean antecedents justify the grant of anticipatory bail?
Legislation cited
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- family dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46639 of 2025
Arising Out of PS. Case No.-18 Year-2020 Thana- PHULPARAS District- Madhubani
======================================================
Md. Hisabuddin @ Hisbuddin son of Md. Damani Village- Rautiniya, Ps-
Phulparas, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rojeena Khatoon Daughter of Md. Eliyas Village - Khajura, Ps- Madhepur,
dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Hriday Narayan Harshit, Advocate
For the State : Mr. Rana Randhir Singh, APP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on
behalf of the informant/Opposite Party No. 2.
3. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323
and 498A of the Indian Penal Code and Sections 3 and 4 of the
Dowry Prohibition Act.
4. The prosecution case, in nutshell, is that marriage
of the informant was solemnized with this petitioner as per
Muslim rites and rituals in the year 2018. It is alleged that after
marriage, all the F.I.R. named accused persons, including this
Patna High Court CR. MISC. No.46639 of 2025(3) dt.27-01-2026
2/3
petitioner, subjected the informant to torture and harassment due
to non-fulfillment of demand of dowry and subsequently, ousted
her from her matrimonial house.
5. It is submitted on behalf of petitioner that petitioner
is quite innocent and has committed no offence. Petitioner has
falsely been implicated in this case merely because happens to
be husband of the informant and present case has been lodged
due to petty family dispute. There are general and omnibus
allegations. As a matter of fact, the petitioner at no point of time
demanded any dowry or committed torture. It is further
submitted that petitioner is ready to keep the informant, as his
wife, with full honour and dignity. It is next submitted that the
case is triable by the Magistrate. In this connection, learned
counsel for the petitioner has relied upon a judgment of this
Court in the case of Md. Naimul Haque Ansari @ Naimul
Haque Ansari & Ors. Vs. The State of Bihar, reported in
2006(3) PLJR 182. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of petitioner.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
Patna High Court CR. MISC. No.46639 of 2025(3) dt.27-01-2026
3/3
bail to the petitioner is allowed.
8. Accordingly, let the above named petitioner, in the
event of his arrest/surrender within a period of eight weeks from
today, 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 A.C.J.M.-II, Jhanjharpur,
District- Madhubani in connection with Phulparas P.S. Case No.
18 of 2020, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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