Patna High Court
MD BABERversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner with a bond and specific conditions, including a monthly payment of Rs. 3,000.
Summary
The petitioner, Md Baber, was arrested in a complaint under Section 498A IPC alleging dowry harassment and torture of his wife, Bibi Kahkashan. He denied the allegations and offered to pay a temporary relief of Rs. 3,000 per month to the complainant. The court, after mediation failed, considered his undertaking and the risk of arrest, and ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482 CrPC. Conditions included the complainant furnishing her savings account details, the petitioner depositing the monthly amount, and cancellation of bail if two consecutive payments are missed. The bail order also stated that the payment would be subject to any matrimonial or maintenance orders and did not preclude other resolutions.
Issues considered
- Whether bail should be granted to the accused in a Section 498A dowry harassment case.
- Whether the petitioner’s undertaking to pay monthly relief can be imposed as a condition of bail.
- Applicability of Section 438(2) CrPC and Section 482 CrPC in granting bail.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- bail
- CrPC Section 438
- CrPC Section 482
- temporary relief
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11564 of 2026
Arising Out of PS. Case No.-1789 Year-2022 Thana- COMPLAINT CASE District- Araria
======================================================
MD BABER S/o Md. Afaque R/o vill - Girda, ward no. 8, P.s.- Jokihat, Distt.-
Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Kahkashan @ Kahkashan Perween W/o Md. Baber, D/o Md Rajaul
Haque R/o vill - Pathrabari, ward no. 11, P.S.- Jokihat, Distt.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
Mr.Nishant Choudhary, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 01-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offence under Section 498(A) of the Indian Penal Code.
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.11564 of 2026(4) dt.01-07-2026
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5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 learned C.J.M., Araria in connection
with Complaint Case No. 1789 of 2022, subject to the
conditions laid down under section 438(2) of the Cr.P.C./482 of
the B.N.S.S. as well as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
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opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance
or connected proceedings. The present order, in
no way, will preclude the parties to resolve the
issue otherwise.”
(Prabhat Kumar Singh, J)
anay
U T
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