Patna High Court
Akbar Khan @ Md. Akbar KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, in line with Arnesh Kumar v. State of Bihar, anticipatory bail may be granted to the petitioners despite the serious nature of the charges, subject to strict conditions.
Summary
The petitioners, Akbar Khan, Najiwa Khatoon and Haidar Khan, feared arrest in connection with Complaint No. 814 of 2022 filed by Majabuddin Ansari under several IPC offences (including dowry harassment, kidnapping and criminal conspiracy) and the Dowry Prohibition Act. The prosecution alleged that Kausar Khan had kidnapped the complainant’s daughter in 2019 and that the petitioners later assaulted and tortured the victim to extort dowry. The petitioners pleaded innocence and sought anticipatory bail, while the State opposed the relief. Relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, the Court held that the petitioners were entitled to anticipatory bail. The order directed that, upon arrest or surrender within four weeks, each petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) CrPC and Section 482 CrPC.
Issues considered
- The applicability of anticipatory bail under Section 438 CrPC to the petitioners accused of serious offences including dowry harassment and kidnapping.
- Whether the principles laid down in Arnesh Kumar v. State of Bihar preclude unnecessary arrest in this case.
- Whether the nature of the alleged offences bars the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 120B, 323, 364, 367, 368, 498A
Subjects
- anticipatory bail
- dowry harassment
- kidnapping
- IPC offences
- Section 438 CrPC
- Section 482 CrPC
- Arnesh Kumar principle
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81984 of 2024
Arising Out of PS. Case No.-814 Year-2022 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
1. Akbar Khan @ Md. Akbar Khan Son of Ibrahim Khan Resident of Village-
Turk Bigha, P.S.- Kachhawa District- Rohtas
2. Najiwa Khatoon Wife of Akbar Khan @ Md. Akbar Khan Resident of
Village- Turk Bigha, P.S.- Kachhawa District- Rohtas
3. Haidar Khan@Haidar Ali Son of Akbar Khan @ Md. Akbar Khan Resident
of Village- Turk Bigha, P.S.- Kachhawa District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Majabuddin Ansari Son of Jumrati Ansari Resident of Village- Turk Bigha,
P.S.- Kachhawa District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pandey
For the Opposite Party/s : Mr. Meena Singh
Mr. Rang Nath Choubey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 23-02-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend their arrest in connection
with Complaint Case No. 814 of 2022 filed by the complainant
under Sections 323, 498(A), 364, 367, 368, 120B of the Indian
Penal Code and Section ¾ of the DP Act.
3. As per the prosecution case, the accused Kausar
Khan kidnapped the daughter of the complainant in the year
2019 and later they were recovered by the Police. The victim
Patna High Court CR. MISC. No.81984 of 2024(8) dt.23-02-2026
2/3
and the accused Kausar Khan got married on 15.03.2020. The
petitioners and others are accused of assaulting and torturing the
victim for demand of dowry.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and have falsely
been implicated in this case.
5. Learned APP for the State and the learned counsel
for the O.P. No. 2 have opposed the application of the
petitioners.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application for grant of anticipatory bail is
allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas at
Sasaram/concerned Court below in connection with Complaint
Case No. 814 of 2022 subject to the conditions laid down in
Patna High Court CR. MISC. No.81984 of 2024(8) dt.23-02-2026
3/3
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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