Tabrez Khan @ Md. Tabrez Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4882 of 2026 Arising Out of PS. Case No.-295 Year-2023 Thana- COMPLAINT CASE - DEHRI-ONSONE District- Rohtas ====================================================== Tabrez Khan @ Md. Tabrez Khan S/o- Late Nasimuddin Khan VillageGuljarbag, Ward no. 21, PS- Bikramganj, Dist-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juhi Khatoon D/o- Salamuddin Khan, W/o- Tabrez Khan VillageMakaraeen, PS- Dehri, PO- Dalmiyanagar, Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP Mr. Abhishek Kumar, Advocate Mr. Ravi Kant, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2026

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2/complainant.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 295 of 2023, registered under sections 498A, 323, 341, 504, 506 and 34 of Indian Penal Code and sections 3 and 4 of the D.P. Act.

3. As per the prosecution case, the complainantopposite party no.2 was married to the petitioner herein about 11⁄2 years before filing of the complaint. The complainant makes allegations of abuse, assault and torture against the accused

2/4 persons including the petitioner herein for non-fulfillment of dowry to the tune of Rs. 2 lacs, motorcycle and a gold chain.

4. Learned counsel for the petitioner submits that cognizance was taken under sections 498A and 323 of the Indian Penal Code. During pendency of the instant application, the parties were referred for mediation where a settlement was arrived at between the parties on 18.3.2026, a copy of which is available in the records of the case.

5. It is further submitted that one again dispute has cropped up in so far as while the petitioner claims that the opposite party no.2 did not accompany him after the settlement, the opposite party no.2 states that she was not taken by the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the complainant. Learned counsel for the complainant submits that by his actions of entering into a compromise which was only for the purpose of getting bail from this Court, the petitioner has been able to mislead not only the opposite party no.2 but also the Court. Not having acted in accordance with the terms of the agreement arrived at before the Patna High Court Mediation

3/4 Committee, the application for bail be rejected.

6. For ready reference, the copy of the agreement arrived at between the parties is being reproduced herein below :-

7. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner in the complaint and the petitioner not having any criminal antecedent, it is directed that the petitioner above

4/4 named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no. 295 of 2023 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 Judicial Magistrate, 1st Class, Dehri, District-Rohtas.

(Partha Sarthy, J) Shiv/- U T