Patna High Court
Md. Minnat AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties and the condition of paying monthly maintenance, with cancellation possible upon non‑payment.
Summary
The petitioner, Md. Minnat Ali, sought anticipatory bail fearing arrest in a complaint under Section 498A IPC read with Section 4 of the Dowry Prohibition Act. He asserted a clean record, claimed the dowry demand arose after the birth of children, and argued the complainant’s allegations were false. He offered to pay a monthly maintenance of Rs. 4,000 to the complainant (OP No.2) and sought bail on the condition of furnishing a bail bond and sureties. The court considered whether anticipatory bail was appropriate in a dowry‑harassment case and whether maintenance could be imposed as a condition. It granted anticipatory bail subject to a Rs. 5,000 bond, two sureties, and the condition that failure to pay maintenance for two consecutive months would permit cancellation of the bail. The order also clarified that any future maintenance order by a competent court would supersede the interim arrangement.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 498A IPC and Dowry Prohibition Act.
- Whether the court can impose a condition of monthly maintenance as part of anticipatory bail.
- Whether failure to comply with the maintenance condition justifies cancellation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance
- criminal procedure
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10475 of 2026
Arising Out of PS. Case No.-583 Year-2022 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Md. Minnat Ali S/o Shekh Akbar @ Md. Akbar R/o -Tarbanna Jagaili, P.S - K
Nagar, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nujhat Praveen W/o Md. Minat Ali, R/o Tarbanni Jagaili, P.s.- K. Nagar, (Sri
Nagar), Distt.- Purena, At present R/o C/o Father Sheikh Eijul, Vill-
Paharpur, P.S.- Amdabad, Distt.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
For the O.P. No. 2 : Md. Musowir, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the O.P. No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 498A of the
Indian Penal Code read with Section 4 of the Dowry Prohibition
Act.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the complainant
alleges that she was married to the petitioner on 08.04.2015 and
out of the wedlock a male child was born who subsequently
Patna High Court CR. MISC. No.10475 of 2026(2) dt.12-03-2026
2/4
died, thereafter a girl child was born, thereafter behaviour of
accused persons including the petitioner changed and they
started demanding dowry of Rs. 3 Lakhs and the petitioner
performed his second marriage in February, 2020 and on
objection, complainant was tortured and finally was ousted from
her matrimonial house.
4. The learned counsel appearing on behalf of the
petitioner submits that petitioner, being husband, has been
falsely implicated in the instant case by the complainant. It is
next submitted that the complainant was suffering from blood
cancer prior to marriage and the petitioner got her treated, which
amply demonstrates that love of the petitioner for the
complainant. It is next submitted that petitioner works as an AC
mechanic outside the State of Bihar. It is next submitted that the
complainant did not intend to stay with the petitioner where he
works and wanted him to join her at her parental home to which
the petitioner was not ready. It is further submitted that
petitioner being husband is aware of his responsibility towards
the complainant and the child. It is also submitted that presently
the relationship has soured to an extent where it is not possible
to revive the conjugal relationship, but in future on intervention
of well wishers, the parties may resolve their dispute amicably.
Patna High Court CR. MISC. No.10475 of 2026(2) dt.12-03-2026
3/4
5. Learned counsel appearing on behalf of the
petitioner, based on instruction, submits that petitioner is willing
to pay a monthly maintenance of Rs. 4,000/- to the O. P. No. 2.
6. Learned counsel appearing on behalf of the O.P.
No. 2 submits that though petitioner has agreed to pay the
maintenance of Rs. 4,000/- to the O.P. No. 2, but then it might
be a ploy for seeking anticipatory bail, on which the learned
counsel appearing on behalf of the petitioner submits that in the
event if anticipatory bail is granted and the petitioner breaches
the condition of maintenance as agreed in that event the
anticipatory bail would be liable to be cancelled, on which the
learned counsel appearing on behalf of the O.P. No. 2 submits
that sine petitioner is undertaking to pay a monthly maintenance
to the O.P. No. 2, as such, no useful purpose would be served by
sending the petitioner to jail, as chances of future reconciliation
will also get marred.
7. The learned counsel for the OP No. 2 submits that
he will WhatsApp the bank account number of the OP No. 2 on
the WhatsApp number of the learned counsel for the petitioner
and the learned counsel for the petitioner undertakes to forward
the same to the petitioner so that the monthly maintenance, as
agreed, commences from 01.04.2026.
Patna High Court CR. MISC. No.10475 of 2026(2) dt.12-03-2026
4/4
8. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender 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 Complaint Case
No. 583 of 2022 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
9. However, it is made clear that the O.P. No. 2 shall
be at liberty to file an application seeking cancellation of the
anticipatory bail granted to the petitioner, in the event if the
petitioner does not deposit the monthly maintenance as agreed
for two consecutive months.
10. It is further made clear that the present
maintenance shall stop, if a Court of competent jurisdiction
fixes the maintenance.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.