Patna High Court
Tahir HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, relatives of the husband of the complainant, filed an anticipatory bail application fearing arrest in a dowry harassment case under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act. The complaint alleged physical assault and torture for non‑payment of a Rs.2 lakh dowry and a motorcycle. The petitioners claimed innocence, stating they have no criminal antecedent and were falsely implicated. The State opposed bail. The High Court, noting the familial relationship and lack of prior record, ordered the petitioners to surrender within four weeks and granted anticipatory bail on condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions of the Criminal Procedure Code and the Bihar Negotiable Securities Act
- Whether the allegations under Section 498A IPC and Section 4 Dowry Prohibition Act warrant denial of bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Dowry Prohibition Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88387 of 2025
Arising Out of PS. Case No.-2559 Year-2023 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
1. Tahir Hussain, S/o- Late Sahabjan @ Late Sahebjan @ Late Sahabjan Miya
Village- Salempatti PS- Uchakagaon District- Gopalganj
2. Akhtari Khatoon @ Akhtari Begam, W/o- Tahir Hussain Village- Salempatti
PS- Uchakagaon District- Gopalganj
3. Subuk Tara Khatoon @ Subuk Tara, W/o- Ahsaan @ Ahsan @ Ahsan Alam
Village- Salempatti PS- Uchakagaon District- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jafrana Khatoon, W/o- Manjur Alam Village- Salempatti PS- Uchakagaon
District- Gopalganj, P/A- Bahora Tola Ps- Manjhagarh Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioners apprehending their arrest in
connection with Complaint Case No. 2559 (C ) of 2023,
Trial No. 2221 of 2025 instituted for the offence under
Section 498 A of the IPC and Section 4 of the Dowry
Prohibition Act.
3. Allegation against the petitioners is of physical
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assault and torture to the complainant due to non-fulfillment
of demand of dowry of Rs. Two lakh and an Apache
Motorcycle.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and
have committed no offence. They have been falsely
implicated in this case as they are relatives of husband of
the complainant. General and omnibus allegations have
been levelled against all the petitioners. Petitioner no. 1 and
2 are the parents-in-law and petitioner no. 3 is sister-in-law
of the victim. Petitioners have got no criminal antecedent.
5. Learned APP appearing for the State has
opposed the prayer of Bail.
6. Having heard learned counsel for the parties
and considering the fact that petitioners are relatives of the
husband of the complainant, this Court is inclined to enlarge
the petitioners on bail. The petitioners are directed to
surrender in the Court below within a period of four weeks
from today and in the event of their arrest or surrender in
connection with Complaint Case No. 2559 (C) of 2023,
Trial No. 2221 of 2025, they will be enlarged on bail on
Patna High Court CR. MISC. No.88387 of 2025(2) dt.05-01-2026
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furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction
of learned Sub-Divisional Judicial Magistrate, Gopalganj,
subject to the conditions as laid down under section 482(2)
of the B.N.S.S.
(S. B. Pd. Singh, J)
khushbu/-
U T
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