Md. Arif @ Arif Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71674 of 2025 Arising Out of PS. Case No.-743 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Md. Arif @ Arif Sah S/O Md. Raish Khan @ Md. Raish Sah Resident of Village- Goshiya Kala, Police Station- Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushubu Khatun D/O Md. Hasnain Shah R/O Village and P.S- Sahpur, Distt.- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 504, 379 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The prosecution case, in brief, is that marriage of the complainant was solemnized with the brother of this petitioner per Muslim rites and rituals on 18.06.2024. It is alleged that after marriage, all the accused persons named in the complaint petition, including this petitioner, subjected the complainant to cruelty and harassment due to non-fulfillment of demand of dowry and later, ousted her from the matrimonial house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is

Patna High Court CR. MISC. No.71674 of 2025(2) dt.05-02-2026 2/2 brother-in-law of the complainant and he is simply victim of overimplication. Allegation against petitioner is general and omnibus. Petitioner is separate in mess and property and has got no concern with family affairs of the complainant. He further submits that thrust of accusation is against husband of the complainant. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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 Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Complaint Case No. 743 C of 2019, subject to condition as laid down under Section 482 (2) of the BNSS. (Prabhat Kumar Singh, J) Navya/- U T