Patna High Court
Abul HasanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail subject to the stipulated conditions.
Summary
The petitioners, who are close relatives of the husband of the informant, applied for pre‑arrest bail in a Mahila Police Station case alleging dowry‑related torture. The FIR charges them under Sections 126(2), 115(2), 85, 109, 352, 351(2), 351(3) and 3(5) of the BNS. The petitioners contended they are innocent, have clean antecedents, and the allegations are vague and omnibus. The State opposed the bail, but the court found that the prima facie case did not preclude bail. Accordingly, the court ordered their release on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS, and directed verification of their antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the general and omnibus nature of the allegations under the BNS.
- Whether a prima facie case exists that justifies denial of bail.
- What conditions must be imposed under Section 438(2) Cr.P.C. and Section 482(2) BNS for the grant of pre‑arrest bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- dowry harassment
- general and omnibus allegation
- Section 438 Cr.P.C.
- Section 482 BNS
- bail bond
- Mahila Police Station case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65837 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- MAHILA P.S. District- Madhubani
======================================================
1. Abul Hasan S/o Late Latit Resident of Village- Ramuniya, P.S.- Bisfi,
District- Madhubani.
2. Najni W/o Allauddin Resident of Village- Ramuniya, P.S.- Bisfi, District-
Madhubani.
3. Sayaka @ Sayaka Praveen D/o Allauddin Resident of Village- Ramuniya,
P.S.- Bisfi, District- Madhubani.
4. Shadiya @ Shadiya Praveen D/o Allauddin Resident of Village- Ramuniya,
P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandan Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 21-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mahila P.S. Case No. 26 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 85, 109, 352, 351(2),
351(3), 3(5) of the BNS.
3. Allegation is of subjecting the informant to various
sorts of torture due to non-fulfillment of demand of dowry.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
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have committed no offence as alleged in the F.I.R. Informant is
the second wife of the husband of the petitioner no.2. Petitioner
no.1 is the father-in-law, petitioner no.2 is the first wife of the
husband of the informant and petitioner nos. 3 and 4 are the step
daughters of the informant and the allegation levelled against
them is general and omnibus. The petitioners have clean
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. In view of the general and omnibus allegation
against the petitioners who are close relative of the husband of
the informant, I find that the petitioners have, prima facie, made
out a case to be released on bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned SDJM, Madhubani in connection with
Mahila P.S. Case No. 26 of 2025, subject to the condition as laid
down under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
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antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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