Patna High Court
Md. Shahjad @Shajjad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Md. Shahjad Alam, was implicated in a complaint under Section 498A of the IPC alleging dowry harassment. He applied for anticipatory bail fearing arrest. The State opposed the application. Relying on the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, the Court considered the need to prevent unnecessary arrests. The Court granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond, sureties, and a condition to pay monthly maintenance to the complainant. The order also stipulated that non‑compliance could lead to cancellation of bail, and the maintenance direction is subject to any family court proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a 498A dowry harassment case
- Whether the conditions imposed, including maintenance payment, are lawful and appropriate
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A IPC
- dowry harassment
- Section 438 CrPC
- Arnesh Kumar case
- maintenance order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15146 of 2026
Arising Out of PS. Case No.-462 Year-2022 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Md. Shahjad @Shajjad Alam Son of Md. Monibur Rahman R/o Nurpur,
Nirpur, P.S. - Bakhari, Dist. - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sayara Parveen Wife of Md. Shahad @ Shajjad Alam R/o Village - Uren,
P.S. - Kajara, Dist. - Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. SK Lal, Sr. Advocate
Mr. Pritish Kumar Lal
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-03-2026 Heard the learned senior counsel for the petitioner and
the learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 462C of 2022 filed for the offence
under Section 498A of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry.
4. It has been submitted by the learned senior counsel
for the petitioner that the petitioner is innocent and he has
falsely been implicated in this case. He further submits that the
petitioner is ready to keep the complainant with him with full
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dignity and honor.
5. Learned APP for the State has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application for grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M,
Lakhisarai/concerned Court below in connection with
Complaint Case No. 462C of 2022 subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to pay
a maintenance amount of Rs. 10,000/- from the
month of March 2026 to the
complainant/informant. The maintenance for the
month of March 2026 shall be paid to the
complainant/informant within ten days from
today, and thereafter, the maintenance amount
shall be paid to the complainant/informant
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every month before the 10th day of each month.
8. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of the
maintenance case in the Court of Principal Judge, Family Court
concerned, if any.
9. Needless to state that, if the petitioner fails to abide
by the terms and conditions, as stated hereinabove, the State
shall be at liberty to file an appropriate application, before the
learned concerned Court below for cancellation of bail granted
to the petitioner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Lakhisarai through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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