Hidayatullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71842 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- ARARIA District- Araria ====================================================== Hidayatullah S/O Rahmat Ali @ Rahmatullah R/O Vill.- Chikni, Ward No.- 5, P.S. and Dist.- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Ishahak S/o Saiburahman R/o Katankiya, Ward No. 3, P.S.- Baunsi, Araria, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madan Mohan, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 85, 87 and 3(5) of the BNS, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and being husband has been falsely implicated in the instant case by the informant who is brother of the victim, who alleges that victim was married to the petitioner in the year 2023 and since 01.04.2025 she has disappeared from her matrimonial home.

4. It is next submitted by the learned counsel appearing on behalf of the petitioner that after intervention of this Court, the victim has been recovered and she has not

Patna High Court CR. MISC. No.71842 of 2025(4) dt.17-12-2025 2/2 supported the case of the prosecution rather has stated in her statement recorded under Section 183 BNSS that on account of dispute with her husband, she left her matrimonial home and went to Delhi and when she came to know that her brother had instituted the instant case, she came back.

5. The learned APP for the State also does not dispute the said submission of the learned counsel appearing on behalf of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Araria Town P.S. Case No. 150 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T