Patna High Court

MD. ASLAMversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The provisional bail granted on 13 October 2023 stands confirmed.

Summary

Md. Aslam was in custody for offences under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, based on an FIR filed by his wife alleging dowry harassment and neglect. The petitioner sought bail, having previously had his earlier petition rejected in September 2022. Provisional bail was granted on 13 October 2023, and the petitioner complied with the court's directions, including filing a jointness petition. The court examined whether the provisional bail should be confirmed in view of the allegations. It held that the earlier directions were complied with and confirmed the provisional bail, directing the petitioner to act lawfully and care for his wife. The bail application was therefore disposed of with bail confirmed.

Issues considered

Whether the provisional bail granted to the petitioner should be confirmed despite the serious allegations under Section 498A and the Dowry Prohibition Act.

Legislation cited

Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 498A

Subjects

bail
provisional bail
Section 498A
Dowry Prohibition Act
criminal procedure
domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13538 of 2023
                       Arising Out of PS. Case No.-80 Year-2021 Thana- MAHILA P.S. District- Saran
                 ======================================================
                 MD. ASLAM Son of Akhtar Hussain R/o Mohalla- Imli Mohalla, Karim
                 Chak, P.S.- Chapra Town, District- Saran at Chapra
                                                                    ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     FIZA PREVEEN Wife of Md. Aslam, D/o Sagir Hassan R/o Mohalla-
                  Dahiyawa Amma Sahab ki Gali, P.S.- Town, District- Saran
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Smita Kumari, Advocate
                 For the Opposite Party/s :        Mr. Kanhaiya Kishore, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   11-03-2026                  Heard the parties.

                                2. The petitioner is in custody in connection with Saran

                   Mahila P.S. Case No. 80 of 2021 registered for the offences under

                   section 498A of the Indian Penal Code and section 3/4 of the

                   Dowry Prohibition Act lodged on 26.10.2021 by the informant,

                   Fiza Farhin.

                                3. As per the FIR, the informant has alleged that she was

                   married to the petitioner on 30.03.2017 and after her marriage, the

                   accused persons including the petitioner herein tortured her for

                   non-fulfillment of demand of dowry of Rs. Five Lakhs. It is further

                   alleged that in the meantime, she became pregnant but the accused

                   persons were not taking care of her and then she went to her

                   parental home. It is further alleged that on 28.12.2017, she gave

                   birth to a female child but despite on information, none of her in-

                   laws came to see her. Accordingly the FIR was lodged and the

                   petitioner was taken into custody.
          Patna High Court CR. MISC. No.13538 of 2023(7) dt.11-03-2026
                                                      2/2




                                 4. Earlier the case of the petitioner was heard and

                    rejected on 28.09.2022 in Cr. Misc. No. 37372 of 2022 (Annexure

                    1 to the petition), whereafter, the present petition.

                                 5. On 13.10.2023, while issuing notice to opposite party

                    no. 2, the petitioner was released on provisional bail considering

                    the period of custody. As there was no appearance, on 09.02.2024,

                    again, direction was given to take steps for issuance of notice upon

                    opposite party no. 2.

                                 6. As the notice was received by the brother of the

                    opposite party no. 2, on 09.01.2026, petitioner was directed to file

                    jointness petition which has also come on record.

                                 7. Learned counsel for the petitioner submits that all the

                    directions issued earlier by this Court has been complied.

                                 8. In that background, the provisional bail granted to the

                    petitioner on 13.10.2023 stands confirmed. It is expected from the

                    petitioner that he will act in accordance with law and further will

                    do all the needful to take care of his wife.

                                 9. The present bail application stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U     T

Continue reading with your account

Checking your session…