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Patna High Court

Md Abid Hussain @ Mohammad Avid @ Md AbidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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