Shekh Ojair @ Ozair Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43089 of 2026 Arising Out of PS. Case No.-869 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Shekh Ojair @ Ozair Alam S/O Shekh Farman Resident of Village- Kolhua Chautarwa, P.S. Chautarwa, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Alexander Ashok, Advocate Mr. Jawed Akhtar, Advocate For the State :
Mr. Ahmad Ali, APP For the Informant :
Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2.
2. The petitioner, husband of the informant, apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 85, 352 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per prosecution case, marriage of informant was solemnized with this petitioner and thereafter, all the F.I.R. accused persons, including this petitioner, started demanding
Patna High Court CR. MISC. No.43089 of 2026(2) dt.01-07-2026 2/3 dowry and due to non-fulfillment of demand of dowry, the informant was subjected to cruelty and harassment.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is quite innocent and denies the allegations made in the F.I.R.. As a matter of fact, petitioner never committed torture with the informant or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the informant. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to informant, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Majhauliya P.S. Case
Patna High Court CR. MISC. No.43089 of 2026(2) dt.01-07-2026 3/3 No. 869 of 2025, subject to condition as laid down under Section 482(2) of B.N.S.S. with further following conditions: "(A.) Informant would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (B.) Petitioner would deposit the aforesaid amount per month in the saving bank account of the informant.
(C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T