Patna High Court
Md. BabarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court exercised its inherent powers under Section 482(2) of the CrPC and granted bail to the petitioner.
Summary
The petitioner, Md. Babar, was arrested in connection with a complaint alleging offences under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The petitioner and the complainant, Saira Bano, asserted that their dispute had been settled and they were now living together peacefully. The petitioner sought bail, arguing that the compromise negated the necessity of continued detention. The court examined the applicability of the High Court's inherent powers under Section 482(2) of the Criminal Procedure Code to grant bail in such circumstances. Considering the compromise and the petitioner’s willingness to furnish bail, the court directed his release on bail with a bond of Rs.10,000 and two sureties. The order was made subject to compliance with the conditions prescribed under Section 482(2).
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under IPC Section 498A and Dowry Prohibition Act Section 4, given that the parties have compromised.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- Dowry Prohibition Act
- compromise
- CrPC Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10675 of 2025
Arising Out of PS. Case No.-433 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Md. Babar S/O Md. Ekalam @ Ekram @ Md. Iklam, Resident of Village-
Marar, ward No. 10, P.S.- Morkahi, Dist.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Saira Bano W/O Md. Babar Resident Of Village- Marar, ward No. 10, P.S.-
Morkahi, Dist.- Khagaria. At Present R/at Mohalla- Dharampur, Ward no.
27, P.S.- Nagar, Dist.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Kishor Poddar
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 06-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Complaint Case No. 433 of 2024 registered for
the offences punishable under Section 498(A) of the Indian Penal
Code and Section 4 of Dowry Prohibition Act.
3. It is jointly submitted that the disputes and
differences between the parties now stands compromised and they
are living together happily.
4. Considering the aforesaid, the above named
petitioner, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.10675 of 2025(6) dt.06-01-2026
2/2
learned trial Court, within a period of four weeks of the order, is
directed to be 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 Sub-Divisional Judicial
Magistrate, Samastipur/concerned Court, where the case is
pending in connection with Complaint Case No. 433 of 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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