Patna High Court
Md Abid Hussain @ Mohammad Avid @ Md AbidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, sureties, and a monthly deposit condition.
Summary
The petitioner, Md Abid Hussain, sought anticipatory bail fearing arrest in a dowry harassment case (Wazirganj P.S. Case No. 225 of 2022) under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged that after a Muslim marriage in 2019, the petitioner demanded Rs.1,00,000 and a motorcycle, had an affair, and assaulted the informant, leading to her being ousted from the matrimonial home. The petitioner denied all allegations, claiming innocence, and offered to pay Rs.3,000 per month as living expenses to the informant pending the final outcome of the case. The informant’s counsel accepted this offer and suggested the amount be deposited in her bank account. Considering the parties’ submissions and the acceptance of the monetary offer, the court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and a condition to deposit Rs.3,000 monthly, under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 498A IPC and Section 3 Dowry Prohibition Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
- Whether the condition of monthly monetary deposit is appropriate to ensure compliance and protect the informant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Dowry Prohibition Act
- domestic violence
- bail conditions
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13923 of 2025
Arising Out of PS. Case No.-225 Year-2022 Thana- WAJIRGANJ District- Gaya
======================================================
Md Abid Hussain @ Mohammad Avid @ Md Abid S/O Late Md Jaan @ Mo-
hammad Jan R/O Village- Alhana, P.S- Wazirganj, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sadana Praveen W/O Md Abid Hussain, D/O Md Maksood Alam R/O Vil-
lage- Bhat Bigha, P.O- G.B. Kendua, P.S- Sirdala, Distt.- Nawada (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha
Mr.Ajay Kumar Jha
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 11-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Wazirganj P.S. Case No. 225 of 2022 dated 15.05.2022 regis-
tered for the offence punishable under Sections 498A of the
I.P.C. and Section ¾ of the D.P. Act.
3. The prosecution case in short is that the marriage of the
informant was solemnized with the petitioner according to
Muslim rites and rituals in the year 2019. It is alleged that after
marriage she went to her matrimonial home where repeated
demand of Rs. 1,00,000/- and a motorcycle was made. It is also
alleged that the petitioner has some affair with one another girl.
Lastly the informant was beaten and was ousted from her matri-
monial home.
Patna High Court CR. MISC. No.13923 of 2025(5) dt.11-02-2026
2/3
4. Learned counsel for the petitioner submits that petitioner is
innocent and he has not committed any offence in the manner
alleged and has falsely been implicated in this case. He further
submits that the petitioner never demanded dowry, assaulted or
tortured the informant in any manner. The petitioner is ready to
keep the informant with love, care and dignity. However,
without prejudice to the right and contention of the petitioner
and in order to maintain harmony in the family, the petitioner
undertakes to pay a sum of Rs. 3,000/- per month to the
Opposite Party No. 2 as “living cost” subject to final outcome of
the present case as well as matrimonial case and / or mainte-
nance case filed and decided between the parties.
5. Learned counsel for the informant / Opposite Party No. 2
submits that petitioner has performed second marriage and is
living with his second wife and the informant / Opposite Party
No. 2 is at the verge of starvation. However, he accepts the
offer so made by learned counsel for the petitioner and
submits that the petitioner may be directed to deposit the said
amount of Rs. 3,000/- per month in the bank account of the
informant / Opposite Party No. 2, details of which shall be
furnished by learned counsel for the Opposite Party No. 2 to
learned counsel for the petitioner within ten days from today.
Patna High Court CR. MISC. No.13923 of 2025(5) dt.11-02-2026
3/3
6. After having heard learned counsel for the parties and
taking into consideration the materials on record and the fact
that offer made by learned counsel for the petitioner has been
accepted by learned counsel for the Opposite Party No. 2, as
such, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of his arrest /
surrender before the learned court below within a period of six
weeks from today be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate- 1st , Gaya in connection with Wazirganj P.S.
Case No. 225 of 2022 subject to the condition as laid down un-
der Section 482(2) of the B.N.S.S. as well as the following
condition:-
(i) that the petitioner shall deposit a sum of Rs.
3,000/- per month in the bank account of the Oppo-
site Party No. 2 positively by the 7 th day of every
month starting from the month of March, 2026.
(Anil Kumar Sinha, J)
praful/-
U T
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