Patna High Court

Md. Arif @ Arif SahversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Md. Arif, sought anticipatory bail fearing arrest in a complaint alleging offences under IPC sections 341, 323, 504, 379, 498A and Dowry Prohibition Act sections 3 and 4, relating to alleged cruelty, harassment and dowry demands after the complainant's marriage. The prosecution alleged that the petitioner, along with other accused, participated in dowry harassment and ousted the complainant from her matrimonial home. The petitioner contended he was innocent, had no involvement in the family dispute, and was merely a brother‑in‑law with separate property, asserting that the main accusation was against the complainant’s husband. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the complaint
Whether the allegations against the petitioner constitute sufficient ground to deny bail
Applicability of Section 482(2) of the BNSS in granting anticipatory bail

Legislation cited

BNSS — s. 482(2)
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 323, 341, 379, 498A, 504

Subjects

anticipatory bail
dowry harassment
IPC
Dowry Prohibition Act
Criminal Procedure Code
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71674 of 2025
                    Arising Out of PS. Case No.-743 Year-2019 Thana- BHOJPUR COMPLAINT CASE
                                                    District- Bhojpur
                 ======================================================
                 Md. Arif @ Arif Sah S/O Md. Raish Khan @ Md. Raish Sah Resident of
                 Village- Goshiya Kala, Police Station- Bikramganj, District- Rohtas.
                                                                              ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Khushubu Khatun D/O Md. Hasnain Shah R/O Village and P.S- Sahpur,
                  Distt.- Bhojpur.
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 341, 323, 504, 379 and

                   498A of the Indian Penal Code and Sections 3 and 4 of the Dowry

                   Prohibition Act.

                                3. The prosecution case, in brief, is that marriage of the

                   complainant was solemnized with the brother of this petitioner per

                   Muslim rites and rituals on 18.06.2024. It is alleged that after

                   marriage, all the accused persons named in the complaint petition,

                   including this petitioner, subjected the complainant to cruelty and

                   harassment due to non-fulfillment of demand of dowry and later,

                   ousted her from the matrimonial house.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner is
              Patna High Court CR. MISC. No.71674 of 2025(2) dt.05-02-2026
                                                          2/2




                        brother-in-law of the complainant and he is simply victim of over-

                        implication. Allegation against petitioner is general and omnibus.

                        Petitioner is separate in mess and property and has got no concern

                        with family affairs of the complainant. He further submits that

                        thrust of accusation is against husband of the complainant.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed the

                        bail application.

                                     6. Considering the aforesaid facts and circumstances of

                        the case, this anticipatory bail is allowed and it is ordered that let

                        the above named petitioner in the event of his arrest/surrender

                        before the court below within a period of eight weeks from today,

                        be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of Sub-Divisional Judicial Magistrate, Bhojpur at Ara

                        in connection with Complaint Case No. 743 C of 2019, subject to

                        condition as laid down under Section 482 (2) of the BNSS.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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