Allowed¶28

Sah Faisal v. The State of Bihar

Patna HC16 Jul 2026CR. MISC./25641/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.25641 of 2026, oral order dated 16-07-2026 by Justice Chandra Shekhar Jha: bail prayer allowed in Ramgarhwa P.S. Case No.462 of 2025 (Sections 126(2), 115(2), 118(1), 352, 85, 3(5) BNS 2023 and Section ¾ D.P. Act); dowry-cruelty FIR against husband; allegations held general and omnibus; petitioner assured to take wife back; clean antecedents; bail bond Rs.10,000/- with two like sureties; S.D.J.M., Raxaul at Motihari; conditions under Section 438(2) CrPC / Section 482(2) BNSS.

What did the court decide?

Release on bail in the event of arrest or surrender before the learned S.D.J.M., Raxaul at Motihari, East Champaran, within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

Sah Faisal Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in FIR Ramgarhwa P.S. Case No.462 of 2025 and apprehending arrest for the alleged dowry-linked cruelty offences, may be released on bail in the event of arrest or surrender. +1 more

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Court's answer

The petitioner is directed to be released on bail in the event of his arrest or surrender in the court below within a period of four weeks, 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 S.D.J.M., Raxaul at Motihari, East Champaran, in connection with Ramgarhwa P.S. Case No.462 of 2025, subject to the conditions laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

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Ratio / Principle

Bail was granted taking note that the allegations of committing mental and physical cruelty are of very much general and omnibus in nature, coupled with the petitioner's assurance to keep the informant with all her love and dignity as wife if she joined the matrimonial home, the petitioner being noted to be a man of clean antecedent.

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Detailed headnote1 paragraphs

Bail-before-arrest granted to Sah Faisal, named in FIR Ramgarhwa P.S. Case No.462 of 2025 (District East Champaran) registered under Sections 126(2), 115(2), 118(1), 352, 85 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section ¾ of the D.P. Act, alleging mental and physical cruelty upon the informant/wife along with family members/co-accused over an unmet dowry demand of Rs. 2,50,000/- and a bullet motorcycle. The Court noted the allegations were general and omnibus in nature, the petitioner's assurance to keep the informant with all love and dignity as wife, and his clean antecedents, and directed his release on bail upon arrest or surrender within four weeks on a bail bond of Rs.10,000/- with two sureties of the like amount each to the S.D.J.M., Raxaul at Motihari, subject to conditions under Section 438(2) CrPC/Section 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25641 of 2026

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Arising Out of PS. Case No.-462 Year-2025 Thana- RAMGARHWA District- East

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Champaran

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======================================================

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Sah Faisal, S/o Abul Kalam, Resident of village- Adhkapriya, P.S.Ramgarhwa , District- East Champaran

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... ... Petitioner

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Versus

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The State of Bihar

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Hajra Khatoon, W/o Sah Faisal, D/o Abul Kalam, Resident of villageAdhkapriya, P.S.- Ramgarhwa , District- East Champaran

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... ... Opposite Parties

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======================================================

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Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Informant : Mr. Rudrank Shivam Singh, Advocate For the Opposite Party/s : Md. Ataur Rahman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

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ORAL ORDER

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3 16-07-2026

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The accused/petitioner is named in the FIR and

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apprehending his arrest in connection with Ramgarhwa P.S. Case No.462 of 2025 registered under Sections 126(2),

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115(2), 118(1), 352, 85 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section ¾ of the D.P. Act.

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Allegation against the petitioner is to commit, mental and physical cruelty upon the informant along with family members/co-accused persons due to non-fulfillment of demand of dowry as raised for cash of Rs. 2,50,000/- and a bullet motorcycle.

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Patna High Court CR. MISC. No.25641 of 2026( 3) dt.16-07-2026 2/3

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Mr. Ajay Kumar Singh, learned counsel for the petitioner submits that the allegation of physical assault and committing mental/physical cruelty is very much general and omnibus against this petitioner. It is further submitted that due to scuffling, the informant received minor injuries, which is of simple in nature and taking excuse of said injuries, the present false case was raised. It is further submitted that the petitioner

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is a law-abiding citizen and always ready to keep informant/wife with all her love and dignity. It is further submitted that the petitioner is always ready to welcome the informant to her matrimonial home to live there and will also protect her from family members and co-operate to any extent to maintain peace and harmony. Petitioner claimed clean antecedent.

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Learned APP duly assisted by Mr. Rudrank Shivam Singh, learned counsel for the informant, while opposing the prayer of bail submitted that the informant wants a positive assurance from the petitioner/husband to allow her to live with all her love and dignity in her matrimonial home.

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In view of aforesaid factual submissions and by taking note of fact, as the allegations qua committing mental

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Patna High Court CR. MISC. No.25641 of 2026( 3) dt.16-07-2026 3/3

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and physical cruelty is of very much general and omnibus in nature, coupled with the fact that the petitioner assured to keep informant with all her love and dignity as wife if she joined her matrimonial home with petitioner, accordingly, the petitioner, above-named, who is a man of clean antecedent, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, 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 S.D.J.M., Raxaul at Motihari, East Champaran in connection with Ramgarhwa P.S. Case No.462 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

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(Chandra Shekhar Jha, J.)

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Raushan/-

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U T

Sah Faisal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sah Faisal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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