Md. Taliban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33810 of 2026 Arising Out of PS. Case No.-305 Year-2025 Thana- BHARGAMA District- Araria ====================================================== MD. TALIBAN S/o- Md. Manjoor Resident of Village- Baijupatti, Ward No. - 02, P.S.- Bhargama, District- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanno @ Sanni Khatoon D/o Nasim, W/o Md. Taliban Resident of VillageBaijupatti, Birnagar, East, Ward No. 04, P.S.- Bhargama, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-05-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Bhargama P.S. Case No. 305 of 2025 registered for the offences punishable under Sections 126(2), 109, 303(2), 117(2), 118(1), 74, 352, 351(2) and 3(5) of the BNS and Section 3⁄4 of the DP Act.

3. As per FIR, informant alleged to be assaulted by one co-accused Md. Manjoor by means of dabiya causing head injury and by other co-accused persons also including this petitioner, who is the husband of the informant. It is also alleged that petitioner was demanding Rs. 2 lakhs as dowry along with family members and forced informant to live in destitution.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.33810 of 2026(2) dt.15-05-2026 2/3 behalf of the petitioner that the allegation as raised against this petitioner who is the husband of informant at first instance suggest that it is purely matrimonial discord and maximum allegation suggest the offence of cruelty as provisioned under Section 85 of the BNSS. It is submitted that allegation as to assault on the head of informant by using sharp edged weapon is specifically available against Md. Manjoor, who is father-in-law of informant and father of this petitioner. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as allegation to cause head injury by using sharp edged weapon is prima-facie not available against this petitioner, rather available against co-accused Md. Manjoor, who is father-in-law of informant, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Araria/concerned Court, where the case is pending in connection with Bhargama P.S. Case No. 305 of

Patna High Court CR. MISC. No.33810 of 2026(2) dt.15-05-2026 3/3 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T