Md. Sabir Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

Md. Sabir Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail if arrested or upon surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS, in connection with Complaint Case No. 903 of 2021.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Complaint Case No. 903 of 2021 (offences punishable under sections 147, 148, 149, 323, 341, 325 and 498A of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act), should be granted anticipatory bail.

Court's answer

This Court is inclined to grant the relief of anticipatory bail to the petitioner in connection with Complaint Case No. 903 of 2021.

Ratio / Principle

In the event of his arrest or surrender before the Court below within six weeks, the petitioner shall be released on anticipatory bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Judicature at Patna (Hon'ble Shailendra Singh, J.), Criminal Miscellaneous No.33239 of 2026, oral order dated 15-07-2026. Petitioner Md. Sabir (husband of O.P. No. 2) apprehended arrest in Complaint Case No. 903 of 2021, Bhagalpur, for offences punishable under sections 147, 148, 149, 323, 341, 325 and 498A of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act. Counsel submitted that the marriage took place in 2020, that O.P. No. 2 had eloped with one Jajloo @ Ashik and later married him, that the petitioner thereafter solemnized a second marriage, that the cruelty allegation was made three years after the marriage and was not believable, and that O.P. No. 2 chose not to appear despite personal service of notice. The Court, considering these submissions, directed that in the event of arrest or surrender within six weeks the petitioner be released on anticipatory bail on a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS. Learned APP opposed the prayer. No precedent was cited or discussed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33239 of 2026

Arising Out of PS. Case No.-903 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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Md. Sabir, S/o Md. Rayees, Resident of Village- Ustu, P.S- Lodipur, DistrictBhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

Bibi Asma, W/O Md. Sabir, R/o Village- Ustu, P.S.- Lodipur, Dist.Bhagalpur. At present D/o Md. Nasim, R/O Village- Sanhauli, P.S.Jagdishpur, Distt.- Bhagalpur.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

3 15-07-2026 Heard the parties.

The petitioner apprehends his arrest in connection with Complaint Case No. 903 of 2021 instituted for the offences punishable under sections 147, 148, 149, 323, 341, 325 and 498A of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act.

Learned counsel appearing for the petitioner submits that the petitioner happens to be the husband of the O.P. No. 2 and the main allegation levelled against him by the O.P. No. 2 pertains to the offence under section 498A of the IPC and the case of the O.P. No. 2 is based on a complaint and the marriage of the petitioner with the O.P. No. 2 took place in the year 2020. In fact, the O.P. No. 2 had eloped with one Jajloo @

Patna High Court CR. MISC. No.33239 of 2026(3) dt.15-07-2026 2/2

Ashik and later got married with him and thereafter, the petitioner, having no option, solemnized his second marriage and further, the allegation of cruelty was made by the O.P. No. 2 after three years of the marriage, which is not believable. It is lastly submitted that the O.P. No. 2 has chosen not to appear in this bail matter to oppose the petitioner’s prayer despite being personally served with notice.

Learned APP for the State opposes the prayer of the petitioner.

Considering the above submissions, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Complaint Case No. 903 of 2021, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J)

annu/-

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