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Patna High Court

Amir Khan @ Aamir KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions of Section 438(2) Cr.P.C.

Summary

Amir Khan applied for anticipatory bail after learning that a complaint had been lodged against him under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. He alleged that the complaint was false, claiming that he and the complainant, Farzana Khatoon, had mutually consented to a talaq on 7 September 2022, as evidenced by annexed documents. No counsel appeared on behalf of the complainant. The State opposed the bail application. The Court, after considering the petitioner's submissions, ordered that he be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
  • Whether the complaint under Section 498A IPC and Section 4 D.P. Act is a false or frivolous proceeding.
  • Whether the mutual consent talaq alleged by the petitioner defeats the prosecution's case.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 498A
  • Dowry Prohibition Act
  • mutual consent talaq
  • false complaint
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51882 of 2025
                  Arising Out of PS. Case No.-678 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
                                                District- West Champaran
                 ======================================================
                 Amir Khan @ Aamir Khan S/O Mohn Hasan Resident of Shakurpur I-200,
                 Saraswati Bihar, North-West Delhi, P.S- Netaji Subhash Palace, Delhi.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Farzana Khatoon D/O Riyaz Ahmad R/O Baswariya Masjid Mohalla, Ward
                 No. 30, P.S- Bettiah Town, Distt.- West Chamaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Md. Irfanul Haque, Advocate
                                               Ms. Anjali Kumari, Advocate
                 For the State         :       Mr. Kumar Ranjit Ranjan, APP
                 For the Complainant   :       Mr. Umesh Chandra Verma, Advocate
                                               Mr. Sharad Kumar Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. None appears on behalf of O.P. No.2.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 498(A) of the Indian

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

                                3. Learned counsel for petitioner submits that

                   petitioner being husband has been falsely implicated in the

                   instant case by O.P. No.2. It is also submitted that petitioner and

                   O.P. No.2 by way of mutual consent have taken Talaq, as would

                   manifest from Annexure-P/2 series at page 27. It is further

                   submitted that Talaq by mutual consent was obtained on 7th of
               Patna High Court CR. MISC. No.51882 of 2025(4) dt.23-02-2026
                                                           2/2




                         September, 2022 and thereafter the instant false complaint case

                         came to be instituted. It is next submitted that this perhaps

                         explains why no one appears on behalf of O.P. No.2 to contest

                         the case.

                                      4. Learned APP for the State opposes the anticipatory

                         bail application.

                                      5. Considering the submissions made by learned

                         counsel for the petitioner, let petitioner, above named, in the

                         event of his arrest or surrender within a period of six weeks

                         from today, be released on bail on furnishing bail bond of

                         Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of learned S.D.J.M., Bettiah

                         (West Champaran) in connection with Complaint Case

                         No.678C/2023, subject to the conditions laid down under

                         Section 438(2) of the Cr.P.C.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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