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Patna High Court

Kaisar Alam @ Kesar AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bond, sureties and compliance with maintenance payment conditions.

Summary

Kaisar Alam applied for anticipatory bail in a case filed under Sections 498A, 420, 120B, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, alleging false implication by his wife Rukhsana Khatun. The wife had obtained a maintenance order of Rs.5,000 per month, leading to arrears of Rs.1,20,000, of which the petitioner had paid Rs.20,000 and promised to clear the remaining arrears by 15 October 2026 while continuing monthly payments. Both parties agreed that the petitioner’s detention would not serve any useful purpose and the wife did not oppose the bail. The Court, applying Section 482(2) of the CrPC, granted anticipatory bail on a bond of Rs.5,000 with two sureties, subject to the condition that the petitioner must pay maintenance as agreed, failing which the bail may be cancelled. The application was allowed, and the bail order was conditioned on compliance with the maintenance obligations.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in offences including 498A, 420, 120B, 506 IPC and 3/4 Dowry Prohibition Act.
  • Whether pending maintenance arrears and the marital dispute affect the grant of anticipatory bail.
  • Whether the Court can impose conditions linking bail to payment of maintenance.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • marital dispute
  • Criminal Procedure Code
  • Section 498A
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12627 of 2026
                  Arising Out of PS. Case No.-1107 Year-2018 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Kaisar Alam @ Kesar Alam son of Minhaj R/o village - Gaiyari, Ward no 05,
                 P.S. -Araria District -Araria

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Rukhsana Khatun Daughter of Enulhak Resident of village- Madarganj,
                 simraha, Ps- simraha, Dist- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Madhav Jha
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood
                                                 Mr.Rohit Kumar
                                                 Mr.Kumar Ravish
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   09-04-2026                  1. Heard learned counsel for the petitioner, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the opposite party no.2.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 498(A) of the Indian Penal Code and Section 4 of the

                   D.P. Act, while the case was filed under Sections 498(A), 420,

                   120(B) and 506 of the I.P.C. and Sections 3/4 of the D.P. Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner being husband has been falsely implicated in the

                   instant case by the opposite party no.2. It is further submitted

                   that presently the relationship has soured to an extent where it is
Patna High Court CR. MISC. No.12627 of 2026(5) dt.09-04-2026
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          not possible to revive conjugal relationship, but then, with

          passage of time and on intervention of well-wishers, the parties

          may resolve their dispute amicably.

                       4. The learned counsel for the petitioner submits that

          opposite party no.2 had filed an application seeking

          maintenance in the Court of the learned Family Court, Araria

          and the learned Family Court had directed the petitioner to pay a

          monthly maintenance of Rs.5,000/- with effect from 11.03.2024.

          It is submitted that since petitioner was facing finance crunch as

          such the amount could not be paid, hence the arrear mounted to

          Rs.1,20,000/-. It is next submitted that petitioner has paid an

          amount of Rs.20,000/- towards arrear to the opposite party no.2

          and has also paid an amount of Rs.5,000/- by way of monthly

          maintenance commencing from April,2026. It is next submitted

          that petitioner will clear the arrear maintenance of Rs.1,00,000/-

          by 15th of October, 2026, but then, petitioner will keep paying

          Rs.5,000/- by way of monthly maintenance.

                       5. The learned counsel appearing on behalf of the

          opposite party no.2 also submits that no useful purpose would

          be served by sending the petitioner to jail when petitioner has

          paid an amount of Rs.20,000/- towards arrear maintenance and

          Rs.5,000/- towards current maintenance. It is also submitted that
               Patna High Court CR. MISC. No.12627 of 2026(5) dt.09-04-2026
                                                           3/4




                         since petitioner has agreed to clear the arrear maintenance by

                         15th October, 2026, as such, the opposite party no.2 is not

                         opposing the anticipatory bail application.

                                      6. After hearing the learned counsel for the parties,

                         the petitioner, above-named, in the event of his arrest or

                         surrender before the learned Court below within a period of six

                         weeks, is directed to be released on bail on his furnishing bail-

                         bonds in the sum 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.1107C of 2018, subject to

                         the conditions laid down under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.

                                      8. It is made clear that the opposite party no.2 shall be

                         at liberty to file an application seeking cancellation of

                         anticipatory bail of the petitioner, in the event, if the petitioner

                         does not pay the monthly maintenance as agreed for two

                         consecutive months and also if the petitioner does not clear the

                         arrear maintenance by 15th of October, 2026.



                                                   (Satyavrat Verma, J)
vikash/-

U          T
Patna High Court CR. MISC. No.12627 of 2026(5) dt.09-04-2026
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