Patna High Court
MD. JABIR @ JABIRversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Md. Jabir, applied for anticipatory bail fearing arrest in a criminal case (PS Case No. 22 of 2024) involving offences under sections 115(2), 127(1), 352, 303(2), 351(2), 3(5) of the Indian Penal Code and section ¾ of the Dowry Prohibition Act. The allegations include cheating an informant and suppressing the fact that he was previously married to another woman. The High Court examined whether the circumstances warranted the grant of anticipatory bail. Considering the seriousness of the offences and the petitioner’s conduct, the Court declined to extend the privilege of anticipatory bail. The application for anticipatory bail was dismissed and the petitioner was ordered to surrender within four weeks and to seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences of cheating, suppression of prior marriage, and offences under the IPC and Dowry Prohibition Act.
Legislation cited
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 115(2), 127(1), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- cheating
- dowry prohibition
- suppression of marriage
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51756 of 2025
Arising Out of PS. Case No.-22 Year-2024 Thana- Madanpur District- Araria
======================================================
Md. Jabir @ Jabir S/O Abdul Sattar R/O Bandob, Ward No 14, P.S.
Madanpur, Araria, District-Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shahzadi Bilkes @ Sahzadi W/o Md. Jabir R/o Bandob, Ward No 14, P.S.
Madanpur, Araria, District-Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Adv
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
For the O.P Mr. Majid Mahboob Khan, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Madanpur, Araria P.S.Case No. 22 of 2024 registered for
the offence under sections 115(2),127(1), 352, 303(2),
351(2),3(5) of the BNS and ¾ of the Dowry Prohibition Act.
3. The petitioner has cheated the informant and he had
suppressed the fact that the petitioner was earlier married to
another woman.
4. Considering the aforesaid facts, I am not inclined
to grant privilege of anticipatory bail to the petitioner.
5. This application is dismissed.
Patna High Court CR. MISC. No.51756 of 2025(5) dt.20-02-2026
2/2
6. The petitioner is directed to surrender within four
weeks from today and prays for regular bail.
(Sandeep Kumar, J)
N.K/-
U T
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