Afroz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66356 of 2025 Arising Out of PS. Case No.-43 Year-2023 Thana- MAHILA P.S. District- Rohtas ====================================================== Afroz Khan S/O Hazi Numan Khan R/O Village- Talasbariya, P.S.- Majhiaon, Distt.- Garhwa, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Sagufta Parveen W/O Wasi Ahmad Khan R/O Vill.- Akbarpur, P.O.- Akbarpur, P.S. and Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate For the O.P. No.2 :

Mr. Vinay Kumar Singh, Advocate For the State :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-02-2026 Heard learned Counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Mahila Police Station Case No. 43 of 2023, registered for the offences punishable under Sections 323, 498(A) and 34 of the Bharatiya Nyaya Sanhita.

3. The prosecution case in brief is that the informant alleged that after her marriage on 23.02.2008, sufficient dowry was given, but she later on subjected to cruelty and harassment by her husband and his family members for additional dowry of Rs. 2 lakhs. Despite efforts for amicable settlement, the alleged torture continued, and in August 2022, she was allegedly assaulted, driven out of her matrimonial home, and deprived of

Patna High Court CR. MISC. No.66356 of 2025(4) dt.25-02-2026 2/3 her jewellery and belongings.

4. Learned counsel for the petitioner submits that petitioner, being the husband of the informant, has not committed any offence as alleged and that the allegation of demanding Rs. 2 lakhs as dowry after about 14 years of marriage is wholly false. The petitioner had purchased 15 decimals of land in his village in the name of his wife, which reflects cordial relations between them, and that he has been falsely implicated in this case. Learned counsel also submits that petitioner solemnized second marriage when O.P. No. 2 was not willing to reside with him.

5. On the other hand, learned counsel for O.P. No. 2 submits that the dispute between the parties could not be resolved through the process of mediation and, as such, the mediation proceedings have failed.

6. Having heard learned counsel for the parties and taking into consideration the fact that case has been filed after 14 years of marriage and it appears there is marriage discord between husband and wife, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.66356 of 2025(4) dt.25-02-2026 3/3 arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rohtas at Sasaram, in connection with Mahila Police Station Case No. 43 of 2023, subject to the condition as laid down under Section 482(2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T