Patna High Court
MD. SARFARAZ @ SHARFARZ ALAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the vague and omnibus nature of the dowry demand allegation, coupled with the delay and lack of injury report, warranted granting bail to the petitioner.
Summary
Md. Sarfaraz Alam was arrested in connection with a criminal trial for alleged cruelty, dowry demand, and multiple offences under the IPC and Dowry Prohibition Act. The complaint alleged that he demanded a golden chain and a motorcycle as dowry, leading to physical assault, but the complaint was filed four months after the alleged incident and did not include an injury report. The petitioner argued that the dowry demand allegation was vague and omnibus. The Additional Public Prosecutor and the informant’s counsel contended that the delay and seriousness of the charges warranted denial of bail. The High Court observed that the allegations were general, the injury report was missing, and the delay weakened the prosecution’s case, and therefore ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the CrPC. The bail was conditioned on compliance with the trial court’s directions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under the IPC and Dowry Prohibition Act.
- Whether the delay of four months in filing the complaint and the absence of an injury report justify denial of bail.
- Whether the allegations of dowry demand and cruelty are sufficiently specific to warrant continued detention.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 307, 313, 314, 323, 325, 341, 379, 406, 498A, 504, 506
Subjects
- bail
- dowry harassment
- cruelty
- IPC
- Section 482
- high court inherent powers
- delay
- injury report
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23126 of 2025
Arising Out of PS. Case No.-1250 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
MD. SARFARAZ @ SHARFARZ ALAM Son of Taiyab Hussain R/o Vill.-
Chak Fateh Ullah Mangrahi Bazar, P.S.- Mehsi, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Madina Khatoon Wife of Md. Sarfaraz @ Sharfarz Alam, Daughter of Karim
Miyan, Resident of Vill Chak Fateh Ullah Mangrahi Bazar, At Present Vill.-
Kothiya Hari Ram Pur Tola, Amwa Bazar, Both P.S.- Mehsi, District - East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
For the Informant : Mr. Mritunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 20-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned Additional Public Prosecutor appearing on
behalf of the State and learned counsel appearing for the
informant.
2. The accused/petitioner apprehending his arrest in
connection with Trial No. 580 of 2024 arising out of Complaint
Case No. 1250(C)/2024 registered for the offences punishable
under Sections 498(A), 323, 341, 325, 307, 313, 314, 406, 379,
504, 506 of the Indian Penal Code and Section ¾ of Dowry
Prohibition Act.
3. As per complaint, the allegation against the petitioner
Patna High Court CR. MISC. No.23126 of 2025(5) dt.20-01-2026
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is to commit cruelty upon the complainant due to non-fulfillment of
demand of dowry, as raised for one golden chain and bullet
motorcycle alongwith other co-accused persons/family members.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the allegation qua demand of dowry is
appearing very much general and omnibus against petitioner. It is
also pointed out that injury report was not annexed with complaint
petition and, moreover, the present complaint was filed with a
delay of four months as the last occurrence as alleged took place
on 24.01.2024.
5. Learned APP, duly assisted by learned counsel Mr.
Mritunjay Kumar appearing on behalf of the informant, while
opposing the prayer of bail submitted that petitioner is the
husband facing allegation of physical assault, however, he could
not explain that how this complaint was filed with a delay of about
more than four months.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie allegation qua demand of dowry
and physical assault appears very much general and omnibus
against petitioner, accordingly, above named petitioner, in the
event of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
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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 Additional District Judge-10, East
Champaran, Motihari/concerned Court, where the case is pending
in connection with Trial No. 580 of 2024 arising out of Complaint
Case No. 1250(C)/2024 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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