Patna High Court
Anvar Khan @ Anwar KhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The anticipatory bail application is not entertainable and is dismissed.
Summary
The petitioner, Anvar Khan, sought anticipatory bail fearing arrest in a dowry harassment case (Mahila P.S. Case No. 04 of 2025) alleging demand for Rs. 2,00,000 and cruelty leading to his wife’s ouster. The prosecution alleged that Khan, after marrying under Muslim law, demanded dowry and subjected his wife to cruelty, invoking sections of the B.N.S. and the Dowry Prohibition Act. Khan contended he is a daily‑wage worker, denies any wrongdoing, and claimed he already enjoys the privilege of Section 35(3) of the B.N.S., rendering anticipatory bail unnecessary. The court observed that the allegations were general, the application was premature, and the privilege claim did not preclude the need for bail. Consequently, the court dismissed the anticipatory bail application, directing the petitioner to re‑apply if apprehension of arrest later arises.
Issues considered
- Whether the anticipatory bail application is maintainable at the present stage.
- Whether the petitioner is entitled to the privilege under Section 35(3) of the B.N.S. to bar anticipatory bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 35(3), 85
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- Section 35(3) privilege
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91332 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- MAHILA P.S. District- Samastipur
======================================================
Anvar Khan @ Anwar Kha Son of Mohd. Sarif Khan R/o Village - Ashapur,
Ward no. 20, Benipur, Lachmanpur, P.O. and P.S. - Baheda, Dist. - Darbhanga
- 847201.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ajmati Khatoon Wife of Anwar Khan @ Anvar Kha R/o Village - Ashapur,
Ward no. 20, Benipur, Lachmanpur, P.O. and P.S. - Baheda, Dist. -
Darbhanga - 847201. At Present D/o Late Alauddin Khan, R/o Village and
Post - Motipur, P.S. - Rosera, Dist. - Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 12-05-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Mahila P.S. Case No. 04 of 2025 dated 13.01.2025
registered under Section 126(2), 115(2), 85, 352, 351(2), 3(5) of
the B.N.S. and Section ¾ of the Dowry Prohibition Act.
3. The prosecution case in short is that marriage of the
informant - opposite party no. 2 was solemnized with the
petitioner on 31.10.2013 according to Mohammdan law and out
of the wedlock three children were born to them. It is alleged
that the petitioner along with his family members started
demanding Rs. 2,00,000/- as dowry and due to non fulfillment
Patna High Court CR. MISC. No.91332 of 2025(5) dt.12-05-2026
2/2
of the demand they meted out cruelty to her and on 18.05.2024
she was ousted from her matrimonial home.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence in the
manner alleged. The allegations are general and omnibus in
nature. The petitioner is a daily wage worker and drives
e-rickshaw to earn his livelihood.
5. The petitioner has made a statement in paragraph
no. 14 of the bail application that the petitioner has already been
given privilege of Section 35(3) of the B.N.S.S. as such, there is
no apprehension of arrest at this stage.
6. This anticipatory bail application is not
entertainable and the same is disposed off with observation that
if apprehension arises the petitioner may renew his prayer for
anticipatory bail at appropriate stage.
(Anil Kumar Sinha, J)
praful/-
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