Md. Abbas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16910 of 2026 Arising Out of PS. Case No.-425 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
MD. ABBAS S/o- Late Md. Hafid @ Hafij R/v- Bhatkhorwa W.No-9, PsMurliganj Dist- Madhepura 2.
Md. Jubair S/O- Md. Abbas R/v- Bhatkhorwa W.No-9, Ps- Murliganj DistMadhepura 3.
Rubi Khatoon w/o- Md. Jubair R/v- Bhatkhorwa W.No-9, Ps- Murliganj Dist- Madhepura 4.
Md. Arif @ Arif S/o- Md. Abbas R/v- Bhatkhorwa W.No-9, Ps- Murliganj Dist- Madhepura 5.
Anwari Khatoon W/O- Md. Arif R/v- Bhatkhorwa W.No-9, Ps- Murliganj Dist- Madhepura 6.
Rehena Khatoon w/o- Md. Phool Hassan R/v- Bhatkhorwa W.No-9, PsMurliganj Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 20-05-2026 Heard the learned counsel for the petitioners and the learned A.P.P. appearing for the State.
2. The petitioners apprehend their arrest in connection with Murliganj P.S. Case No. 425 of 2024, for allegedly having committed offences under Sections 126(2), 115(2), 85, 82(1), 352 and 3(5) of B.N.S., 2023.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that her marriage was solemnized with Jibrayeel @ Jibrail
2/4 on 07.07.2013, according to Muslim rites and rituals on payment of approximately Rupees 4,00,000/- as Dan Mehar. Out of the wedlock, four children were born. It is alleged that all the accused petitioners, including the husband started torturing the informant for dowry. She gave Rs.35,000/- in 2017 after taking from her mother and step father. She again brought Rs.65,000/- from her maternal uncle. In the year 2021, her husband insisted to build a house on her share of land, so her mother and stepfather built a house for her and her husband to live in. Even then the husband started demanding money from her, in the name of doing business, for which her 4 katha of land was also sold on 12.10.2022. On 12.04.2024, the husband of the informant took her to Delhi and there he started beating and abusing her and he tried to sell her for Rs.
1,50,000/-, however the informant managed to escape with her children and went to her maternal uncle, who also lives in Delhi. Despite all the panchayati, no fruitful result came. The husband of the informant kept on abusing and assaulting her for dowry and all the accused persons, including the petitioners herein threatened to kill the informant.
4. The learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to matrimonial disputes in between the wife and the husband. Petitioner No.1 is the father-in-law, petitioners no. 2 and 4 are
3/4 brothers-in-law, petitioners no. 3 and 5 are sisters-in-law and petitioner no. 6 is the relative of the husband of the informant. He further submits that only general and omnibus allegations have been levelled against the petitioners and it appears from the First Informant Report itself that the informant along with her husband started living at Delhi, therefore there is no question of the petitioners living with the husband and wife. He further submits that the petitioners have got no concern with the day to day affairs of the husband and wife and they live separately. All the petitioners have got a clean antecedent.
5. Per Contra, the learned counsel appearing on behalf of the informant submits that all the petitioners are instrumental in instigating the husband of the informant in abusing and assaulting her. They got sold her four katha of land, in collusion with her husband and due to their attitude, the husband is regularly demanding dowry from the informant.
6. The learned A.P.P. for the State opposes the prayer for grant of anticipatory bail to the petitioners.
7. Having considered the rival submissions and after going through the records, it appears that the petitioners are family members of the husband of the informant. It has been informed that the bail petition of the husband of the informant is pending consideration before the District Court. It further appears from the
4/4 First Information Report that the informant along with her husband proceeded for Delhi in 2024.
8. Taking into consideration the facts aforesaid, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.425 of 2024, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court concerned shall take steps for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/shital U T