Patna High Court
Tabrez Khan @ Md. Tabrez KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Petitioner Tabrez Khan applied for anticipatory bail fearing arrest in a complaint (Case No. 295 of 2023) alleging dowry harassment, assault and other offences under IPC sections 498A, 323, 341, 504, 506, 34 and Dowry Prohibition Act sections 3 and 4. The complainant, his wife Juhi Khatoon, claimed non‑fulfilment of dowry demands. The parties had mediated and reached a settlement on 18‑Mar‑2026, but later disputed its implementation. The State and the complainant opposed bail, arguing the settlement was a ploy to obtain bail and that the petitioner had not complied with its terms. The Court, noting the seriousness of the allegations but also the petitioner’s clean record and the existence of a settlement, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, to be executed within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted in a dowry‑harassment and assault case where a settlement has been reached.
- Whether the existence of a mediation settlement influences the bail decision.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- mediation
- settlement
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4882 of 2026
Arising Out of PS. Case No.-295 Year-2023 Thana- COMPLAINT CASE - DEHRI-ON-
SONE District- Rohtas
======================================================
Tabrez Khan @ Md. Tabrez Khan S/o- Late Nasimuddin Khan Village-
Guljarbag, Ward no. 21, PS- Bikramganj, Dist-Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Juhi Khatoon D/o- Salamuddin Khan, W/o- Tabrez Khan Village-
Makaraeen, PS- Dehri, PO- Dalmiyanagar, Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
Mr. Abhishek Kumar, Advocate
Mr. Ravi Kant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 29-04-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the opposite party
no.2/complainant.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Complaint Case no. 295 of 2023, registered under sections
498A, 323, 341, 504, 506 and 34 of Indian Penal Code and
sections 3 and 4 of the D.P. Act.
3. As per the prosecution case, the complainant-
opposite party no.2 was married to the petitioner herein about
1½ years before filing of the complaint. The complainant makes
allegations of abuse, assault and torture against the accused
Patna High Court CR. MISC. No.4882 of 2026(4) dt.29-04-2026
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persons including the petitioner herein for non-fulfillment of
dowry to the tune of Rs. 2 lacs, motorcycle and a gold chain.
4. Learned counsel for the petitioner submits that
cognizance was taken under sections 498A and 323 of the
Indian Penal Code. During pendency of the instant application,
the parties were referred for mediation where a settlement was
arrived at between the parties on 18.3.2026, a copy of which is
available in the records of the case.
5. It is further submitted that one again dispute has
cropped up in so far as while the petitioner claims that the
opposite party no.2 did not accompany him after the settlement,
the opposite party no.2 states that she was not taken by the
petitioner. The petitioner has no criminal antecedent and
undertakes to cooperate in the case.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State and learned counsel for the
complainant. Learned counsel for the complainant submits that
by his actions of entering into a compromise which was only for
the purpose of getting bail from this Court, the petitioner has
been able to mislead not only the opposite party no.2 but also
the Court. Not having acted in accordance with the terms of the
agreement arrived at before the Patna High Court Mediation
Patna High Court CR. MISC. No.4882 of 2026(4) dt.29-04-2026
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Committee, the application for bail be rejected.
6. For ready reference, the copy of the agreement
arrived at between the parties is being reproduced herein
below :-
7. Having heard learned counsel for the parties and
taking into consideration the nature of allegations against the
petitioner in the complaint and the petitioner not having any
criminal antecedent, it is directed that the petitioner above
Patna High Court CR. MISC. No.4882 of 2026(4) dt.29-04-2026
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named, in the event of his arrest or surrender before the learned
Court below within a period of four weeks, be released on
anticipatory bail in connection with Complaint Case no. 295 of
2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class, Dehri,
District-Rohtas.
(Partha Sarthy, J)
Shiv/-
U T
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