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Patna High Court

Diljan KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to strict conditions, finding that the bail bond and safeguards sufficiently protect the interests of justice.

Summary

The petitioner, Diljan Khan, was arrested in connection with a 2022 police case alleging multiple offences under the Indian Penal Code and the Information Technology Act, including dowry harassment, assault, and creation of a vulgar video. The informant, Najiya Pravin, claimed she was married to the petitioner in 2019, subjected to dowry torture, forced stripping for a video that went viral, and a violent assault during pregnancy that caused an abortion. The petitioner had been in custody since December 2024 and had previously been granted interim bail in August 2023, which was later withdrawn after he failed to surrender. Both parties argued over the petitioner’s conduct, with the State and informant asserting he poses a threat, while the petitioner’s counsel pledged compliance with court conditions. The court, after considering the seriousness of the allegations and the petitioner’s prolonged detention, decided to grant bail subject to stringent conditions including a cash bond, sureties, regular court and police appearances, and a prohibition on tampering with witnesses or committing further offences.

Issues considered

  • What is the appropriate exercise of judicial discretion in granting bail to an accused facing multiple serious offences, including dowry harassment and assault?
  • Does the petitioner’s prior non‑compliance with interim bail warrant denial of bail in the present application?

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC
  • IT Act
  • criminal procedure
  • violence against women
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55124 of 2025
                      Arising Out of PS. Case No.-360 Year-2022 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Diljan Khan S/O Hasin Khan R/O Village- Saidih, P.S.- Khizarsarai, Distt.-
                 Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Najiya Pravin D/o Safik Ahmad R/o Vill Mandai P.S. Khijarsarai Distt Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kunwar Narayan Jamuar, Advocate
                 For the State            :       Mr. Jai Narain Thakur, APP
                 For the Informant        :       Mr. Sheikh Arkan Ahmad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   06-02-2026                          Heard the parties.

                                 2. The petitioner is in custody in connection with

                   Khizarsarai P.S. Case No. 360 of 2022. for the offence

                   punishable under sections 341, 323, 354(b)(c)(d), 504, 506, 509,

                   498(A) and 34 of the Indian Penal Code and section 67 and

                   67(A) of the I.T. Act, lodged on 02.10.2022 by the informant,

                   Naziya Praveen.

                                 3. As per the prosecution story, the lady alleged that

                   she got married to this petitioner in the year 2019 but was

                   tortured for dowry. The further allegation is that on the point of

                   knife, she was made to strip, video created and later it was made

                   viral. The last allegation is that when she was pregnant,

                   purposely assault was made in the stomach, causing abortion.
Patna High Court CR. MISC. No.55124 of 2025(7) dt.06-02-2026
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          Accordingly, the F.I.R.

                       4. Learned counsel for the petitioner submits that he

          has already suffered by being in custody since 03.12.2024 and if

          granted relief, not only shall be diligently appearing in trial, will

          not in any way threaten either the informant lady and/or her

          family members and if he fails to abide by the said undertaking,

          the informant shall be free to take steps for cancellation of the

          bail bond.

                       5. Learned counsel for the informant on the other

          hand has pointed out that after granting interim relief to the

          petitioner on 04.08.2023, he remained outside but despite the

          interim relief having been withdrawn, he chose not to surrender

          in next number of months. He further always threatens the

          family members whenever visit the court.

                       6. Learned APP echoes the submission of the learned

          counsel representing the informant and submits that the

          petitioner is not a normal husband but behaves like criminal.

                       7. The grave allegation is there, the petitioner has not

          acted as a husband of the lady, however, the fact remains that he

          has remained in custody for long, the aforesaid undertaking has

          been given that he shall not be threatening the family members

          and/or the informant and shall be diligently appearing in trial,
Patna High Court CR. MISC. No.55124 of 2025(7) dt.06-02-2026
                                            3/4




          considering the aforesaid facts, this Court is inclined to extend

          him the privilege of bail.

                       8. It is however made clear that if the petitioner in

          anyway threatens the lady/family members or tried to intimidate

          them, the informant shall be free to take steps for cancellation of

          bail bond.

                       9. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of learned District &

          Additional Sessios Judge-X, Gaya,                    in connection with

          Khizarsarai P.S. Case No. 360 of 2022 subject to the following

          conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall appear before the concerned

          police station every month for six months to mark his
            Patna High Court CR. MISC. No.55124 of 2025(7) dt.06-02-2026
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                      attendance and at the end of the period a certificate be submitted

                      before the Trial Court;

                                   (iv) the petitioner shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (v) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of his bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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