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Patna High Court

Shakil AkhtarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted pre‑arrest bail to the petitioner.

Summary

Shakil Akhtar petitioned for pre‑arrest bail in a complaint (No. 2114/2024) alleging offences under IPC sections 498A, 406, 420, 120B and Dowry Prohibition Act sections 3 and 4, claiming he was falsely implicated. The complainant, his wife, alleged mental and physical cruelty and dowry demands, while the petitioner asserted innocence and clean antecedents. The informant’s counsel and the State opposed bail, citing the seriousness of the allegations. The court observed that the parties have a remedy before the family court and have agreed not to cohabit, finding no justification to deny bail. Consequently, the court ordered the petitioner’s release on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482 of the CrPC and Section 438(2). The application was disposed of.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged dowry harassment and related offences under IPC and the Dowry Prohibition Act.
  • Whether the existence of a family‑court remedy and the parties' agreement to live apart preclude denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • dowry harassment
  • IPC 498A
  • criminal breach of trust
  • cheating
  • criminal conspiracy
  • family court remedy
  • anticipatory bail
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82879 of 2025
                 Arising Out of PS. Case No.-2114 Year-2024 Thana- PURNIA COMPLAINT CASE District-
                                                          Purnia
                 ======================================================
                 Shakil Akhtar Son of Ajejul @ Ajejul Rahaman Resident of village - Hasan
                 Dumaria, P.S.- Kochadhaman, District- Kishanganj

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ansari Begum Wife of Sakil Akhtar Resident of village - Hasan Dumaria,
                 P.S.- Kochadhaman, District- Kishanganj At Present Resident of village-
                 Fulwari, Ps- Routa, Dist- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amal Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Bharat Lal, APP
                 For the Informant        :      Mr.Mohammad Tahmeed Helal, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   07-04-2026                      Heard Mr. Amal Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner; Mr. Bharat Lal, learned

                   APP for the State and Mr. Mohammad Tahmeed Helal, learned

                   counsel appearing on behalf of the Informant.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Complaint Case No. 2114/2024 registered for the

                   offence(s) punishable under Sections 498A,406,420,120B of the

                   Indian Penal Code and Sections 3,4 of Dowry Prohibition Act.

                                3. As per the allegation made in the FIR, the

                   complainant, after her marriage with the petitioner, was

                   allegedly subjected to mental and physical cruelty on account of
Patna High Court CR. MISC. No.82879 of 2025(4) dt.07-04-2026
                                            2/3




          dowry demands, and despite partial fulfillment of such demands

          by her family, she was ultimately ousted from her matrimonial

          home.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          been falsely implicated in the present case. The petitioner, being

          the legally wedded husband of the complainant, has been falsely

          implicated in the present case and no specific allegation of

          cruelty or demand of dowry has been made and only general

          and omnibus allegations have been levelled against him. The

          mediation between the parties has failed. The petitioner has

          clean antecedent. On these grounds, the petitioner seeks to be

          released on pre-arrest bail.

                       5. Learned counsel appearing on behalf of the

          informant vehemently opposed the prayer for grant of pre-arrest

          bail and submitted that the petitioner has subjected her to

          physical and mental cruelty due to non-fulfillment of demand of

          dowry. He further submitted that even under Muslim law,

          though the husband may have the right to divorce, he cannot

          subject his wife to cruelty or forcibly drive her out of her

          matrimonial home.

                       6. Learned APP for the State vehemently opposed the
           Patna High Court CR. MISC. No.82879 of 2025(4) dt.07-04-2026
                                                       3/3




                     prayer for grant of pre-arrest bail.

                                  7. Considering the nature of allegation made in the

                     complaint and also the fact that the parties have remedy before

                     the competent family court for redressal of their dispute, as both

                     have agreed not to live with each other, I don’t find any reason

                     not to grant pre-arrest bail to the petitioner and, as such, the

                     petitioner, above named, is directed to be released on pre-arrest

                     bail, in the event of his arrest or surrender before the learned

                     District Court within a period of four weeks from today, on

                     furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     learned District Court where the case is pending in connection

                     with Complaint Case No. 2114/2024, subject to the conditions

                     as laid down under Section 482 of BNSS/ 438(2) of the Cr.P.C.

                                  8. It is made clear that the petitioner must not refrain

                     in any manner to settle the dispute before the learned District

                     Court.

                                  9. Accordingly, the present application stands

                     disposed of.


                                               (Purnendu Singh, J)
Ashishsingh/-
U      T


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