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Patna High Court

Md Ajmal AnsariversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md Ajmal Ansari, applied for anticipatory bail anticipating arrest in a case under IPC sections 341, 323, 379, 498A and 494/34. He argued that the notice served to the opposite party’s daughter was valid, that he was falsely implicated, and that he was financially supporting the opposite party and her children, who reside in his house. The State opposed bail, suggesting the petitioner’s claim of support might be a ploy and that bail should be denied. The court examined the validity of the notice, the merits of the false‑implication claim, and the relevance of the petitioner’s financial assistance, and applied Section 482(2) of the B.N.S.S. to impose conditions. It directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the stipulated conditions, and allowed the anticipatory bail application.

Issues considered

  • Whether the notice served to the opposite party’s daughter constitutes valid service for anticipatory bail purposes
  • Whether the petitioner’s claim of false implication and financial support to the opposite party affect the grant of anticipatory bail
  • Whether anticipatory bail can be granted under the circumstances of the pending IPC offences
  • Application of Section 482(2) of the B.N.S.S. in imposing bail conditions

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • notice service
  • false implication
  • Section 482(2) B.N.S.S.
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86399 of 2025
                       Arising Out of PS. Case No.-67 Year-2022 Thana- MAHILA PS District- Jamui
                 ======================================================
                 Md Ajmal Ansari S/O Hasanu Miyan Resident of Vill.- Islamnagar,
                 Sitamadih, P.S.- Garhi, Distt.- Jamui

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    Rabiya Khatoon W/O Md Ajmal Ansari Resident of Vill.- Islamnagar,
                 (Sitamadih,) P.O.- Islamnagar, P.S.- Garhi, Distt.- Jamui

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Sinha
                 For the Opposite Party/s :       Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   10-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 341, 323, 379, 498A, 494/34 of the Indian Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the case was taken up on 08.01.2026, when notices were issued

                   on opposite party no.2. It is next submitted that from perusal of

                   the office report dated 23.02.2026, it would manifest that the

                   same records that the ordinary notice has been received by the

                   daughter of the opposite party no.2.

                                4. Since notice has been received by the daughter of
Patna High Court CR. MISC. No.86399 of 2025(3) dt.10-03-2026
                                            2/3




          the opposite party no.2, hence it is deemed to be validly served.

                       5. It is next submitted that petitioner, being husband,

          has been falsely implicated in the instant case by the informant.

          It is further submitted that the informant along with the children

          are still living in the same house where the petitioner resides. It

          is also submitted that petitioner is bearing the expense of the

          opposite party no.2 and his three children whether it be

          educational expense or expense relating to their livelihood. It is

          also submitted that specific pleading to that effect has been

          made at Para-12 of the anticipatory bail application. It is next

          submitted that at Para-11, specific pleading has been made

          denying the allegation of second marriage. It is also submitted

          that since the opposite party no.2 is staying in the same house

          where the petitioner resides and petitioner is taking care of

          opposite party no.2 and the children, as such, the opposite party

          no.2 even after receiving notice chooses not to appear and

          contest.

                       6. Learned A.P.P. opposes the anticipatory bail

          application and submits that though a specific pleading has been

          made that opposite party no.2 along with the children are

          staying in the same house where the petitioner resides and

          petitioner is taking care of their financial needs including
               Patna High Court CR. MISC. No.86399 of 2025(3) dt.10-03-2026
                                                           3/3




                         education and livelihood, but then, the said pleading may be

                         ploy, on which the learned counsel appearing on behalf of the

                         petitioner submits that he has instruction to make submission

                         that in the event, if it is found what has been pleaded at Para-12

                         is incorrect i.e. petitioner is not providing financial, educational

                         help to the opposite party no.2 and the children, in that event,

                         the opposite party no.2 shall be free to file an application before

                         this Court seeking cancellation of anticipatory bail application,

                         if granted.

                                      7. After hearing the learned counsel for the parties,

                         the petitioner, above-named, in the event of his arrest or

                         surrender before the learned Court below within a period of six

                         weeks, is directed to be released on bail on his furnishing bail-

                         bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with

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

                         learned Trial Court where the case is pending/successor Court in

                         connection with Jamui Mahila P. S. Case No.67 of 2022, subject

                         to the conditions laid down under Section 482(2) of the B.N.S.S.

                                      8. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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