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Patna High Court

Md. Rizwan Alam @ Rizwan Alam @ Md. RizwanversusThe 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. Rizwan Alam, sought anticipatory bail in a case registered under multiple sections of the B.N.S. and the Dowry Prohibition Act, alleging that he was accused of demanding dowry, giving cash, and evading marriage promises to the informant. The informant claimed a dowry of Rs. 1.5 lakh and a motorcycle was promised, that Rs. 4 lakh in cash was handed to the petitioner’s family, and that the petitioner threatened her after failing to marry her despite his sister’s marriage. The petitioner denied any dowry demand or cash receipt, contending the allegations stem from a failed marriage arrangement and that a prior similar case against him was found false. The State and the informant opposed the bail, emphasizing the seriousness of the dowry and false promise allegations. The court, after considering the circumstances, granted anticipatory bail on the condition that the petitioner surrenders within ten weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with conditions under Section 482(2) of the B.N.S.S., also directing him not to threaten or harass the informant.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the allegations of dowry demand, false promise of marriage, and related offences?
  • Whether the petitioner’s alleged conduct justifies denial of bail under the relevant provisions of the B.N.S. and Dowry Prohibition Act.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • false promise of marriage
  • Section 482
  • Bihar criminal law
  • threat and harassment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9598 of 2026
                      Arising Out of PS. Case No.-348 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Md. Rizwan Alam @ Rizwan Alam @ Md. Rizwan S/O Md. Kayum Alam @
                 Md. Kayyun Alam @ Md. Kayum Resident Of Village- Bar Bahera, Tola
                 Hussainganj, P.s.- Sherghati, Dist.- Gaya, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rampravesh Nath Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 For the Informant        :       Mr. Rabia Gulnaz, Advocate
                                                  Mr. Ranjana Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   22-04-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in a case in

                   connection with Barachatti P.S. Case No. 348 of 2025 dated

                   04.10.2025 registered for the offences punishable under Section

                   126(2), 115, 76, 69, 352, 351(2) and 3(5) of B.N.S. and Section

                   3 & 4 of the Dowry Prohibition Act.

                                3. As per the allegation, the marriage of the informant

                   was fixed with this petitioner in the year 2024 and the alleged

                   dowry was fixed at an amount of Rs. 1.5 lakhs as well as a

                   bullet motorcycle. The parties exchanged their telephonic
Patna High Court CR. MISC. No.9598 of 2026(3) dt.22-04-2026
                                            2/4




          numbers after which conversation took place. Thereafter, it has

          been alleged that the informant believed this fact that she would

          be marrying with this petitioner and pursuant to the belief she

          entered into physical relationship with this petitioner at her own

          house. It is further alleged that this petitioner evaded thereafter

          to marry with the informant on the assurance that first his sister

          would be married thereafter he would perform marriage with the

          informant. Thereafter, it has been alleged that Rs. 4 lakhs in

          cash was given to the family members of petitioner. The

          marriage of the sister of the petitioner was performed thereafter,

          even then this petitioner evaded his promise to marry with the

          informant. The informant was also threatened.

                       4. Learned counsel for the petitioner has submitted

          that in fact the present allegation is in the backdrop of non-

          performance of marriage of petitioner with the informant. It has

          further been submitted that there was no demand of dowry least

          to say that any amount was given to him as the allegation with

          respect to giving of money in cash which the petitioner denies.

          It has further been submitted that as per the allegation itself the

          informant has stated that under a belief of marriage she entered

          into physical relationship with the petitioner, hence physical

          relationship on false promise of marriage would not be made
Patna High Court CR. MISC. No.9598 of 2026(3) dt.22-04-2026
                                            3/4




          out. Learned counsel for the petitioner has submitted that

          petitioner is although accused in one another case in which the

          allegation against him was found to be false and a final report in

          his favour was submitted.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for

          anticipatory bail of the petitioner. Learned counsel for the

          informant has submitted that there is clear allegation that the

          petitioner has entered into physical relationship with the

          informant on false pretext of marriage, but cannot deny the fact

          that the amount given was in cash and there is no proof

          regarding the same.

                       6. Considering the facts and circumstances of the

          case, let the above named petitioner, in the event of his

          arrest/surrender within a period of ten weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.

          10,000/- (Rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned court concerned,

          Shergahti, Gaya in connection with Barachatti P.S. Case No. 348

          of 2025, subject to conditions as laid down under Section 482(2)

          of the B.N.S.S.

                       7. It is directed that the petitioner will not threatened
           Patna High Court CR. MISC. No.9598 of 2026(3) dt.22-04-2026
                                                       4/4




                     them and will not indulge in such activities, so as to hamper the

                     peaceful life of the informant or her family members. If such

                     complaint is filed, the informant would be at liberty to file an

                     appropriate application before the appropriate forum.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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