Patna High Court
Afroz KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court allowed the anticipatory bail application.
Summary
Afroz Khan, husband of informant Sagufta Parveen, filed an anticipatory bail petition after being implicated in a case alleging dowry harassment, cruelty and assault under Sections 323, 498A and 34 of the Bharatiya Nyaya Sanhita. The petitioner argued that the allegations were false, that he had transferred land to his wife and that a demand for additional dowry after fourteen years of marriage was baseless, also mentioning a second marriage. The informant’s counsel contended that mediation had failed and the marital dispute remained unresolved. The court examined the long delay, the evident marital discord and the nature of the offences, and found no compelling reason to deny bail. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S., directing the petitioner to surrender within six weeks and furnish a bail bond with sureties.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 323, 498A and 34 of the Bharatiya Nyaya Sanhita
- Whether the fourteen‑year delay and marital discord justify the grant of anticipatory bail
- Whether the court may invoke its powers under Section 482(2) of the B.N.S.S. to release the petitioner on bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 323, 34, 482(2), 498A
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- Section 498A
- Section 323
- Section 34
- Bharatiya Nyaya Sanhita
- marital discord
- mediation failure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66356 of 2025
Arising Out of PS. Case No.-43 Year-2023 Thana- MAHILA P.S. District- Rohtas
======================================================
Afroz Khan S/O Hazi Numan Khan R/O Village- Talasbariya, P.S.- Majhiaon,
Distt.- Garhwa, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Sagufta Parveen W/O Wasi Ahmad Khan R/O Vill.- Akbarpur, P.O.-
Akbarpur, P.S. and Dist.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate
For the O.P. No.2 : Mr. Vinay Kumar Singh, Advocate
For the State : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 25-02-2026 Heard learned Counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Mahila Police Station Case No. 43 of 2023, registered for
the offences punishable under Sections 323, 498(A) and 34 of
the Bharatiya Nyaya Sanhita.
3. The prosecution case in brief is that the informant
alleged that after her marriage on 23.02.2008, sufficient dowry
was given, but she later on subjected to cruelty and harassment
by her husband and his family members for additional dowry of
Rs. 2 lakhs. Despite efforts for amicable settlement, the alleged
torture continued, and in August 2022, she was allegedly
assaulted, driven out of her matrimonial home, and deprived of
Patna High Court CR. MISC. No.66356 of 2025(4) dt.25-02-2026
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her jewellery and belongings.
4. Learned counsel for the petitioner submits that
petitioner, being the husband of the informant, has not
committed any offence as alleged and that the allegation of
demanding Rs. 2 lakhs as dowry after about 14 years of
marriage is wholly false. The petitioner had purchased 15
decimals of land in his village in the name of his wife, which
reflects cordial relations between them, and that he has been
falsely implicated in this case. Learned counsel also submits that
petitioner solemnized second marriage when O.P. No. 2 was not
willing to reside with him.
5. On the other hand, learned counsel for O.P. No. 2
submits that the dispute between the parties could not be
resolved through the process of mediation and, as such, the
mediation proceedings have failed.
6. Having heard learned counsel for the parties and
taking into consideration the fact that case has been filed after
14 years of marriage and it appears there is marriage discord
between husband and wife, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
Patna High Court CR. MISC. No.66356 of 2025(4) dt.25-02-2026
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arrest/surrender before the learned Court below within a period
of six weeks from today, be released on bail, upon furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Sub
Divisional Judicial Magistrate, Rohtas at Sasaram, in connection
with Mahila Police Station Case No. 43 of 2023, subject to the
condition as laid down under Section 482(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
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