Sah Faisal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25641 of 2026 Arising Out of PS. Case No.-462 Year-2025 Thana- RAMGARHWA District- East Champaran ====================================================== Sah Faisal, S/o Abul Kalam, Resident of village- Adhkapriya, P.S.- Ramgarhwa , District- East Champaran ... ... Petitioner
Versus
1.
The State of Bihar 2.
Hajra Khatoon, W/o Sah Faisal, D/o Abul Kalam, Resident of villageAdhkapriya, P.S.- Ramgarhwa , District- East Champaran ... ... Opposite Parties ====================================================== 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 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Ramgarhwa P.S. Case No.462 of 2025 registered under Sections 126(2), 115(2), 118(1), 352, 85 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS') and Section 3⁄4 of the D.P. Act.
3. 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.
Patna High Court CR. MISC. No.25641 of 2026( 3) dt.16-07-2026 2/3
4. 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 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.
5. 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.
6. In view of aforesaid factual submissions and by taking note of fact, as the allegations qua committing mental
Patna High Court CR. MISC. No.25641 of 2026( 3) dt.16-07-2026 3/3 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.
(Chandra Shekhar Jha, J.) Raushan/- U T