Patna High Court
Nematullah @ Md. NematullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court held that bail should be granted to the petitioner, subject to conditions, as the alleged offences carry a maximum punishment of three years and the petitioner has no criminal antecedents.
Summary
The petitioner, Nematullah, was arrested in connection with a dowry case (Mahila PS Case No.102 of 2025) alleging offences under several sections of the B.N.S., 2023 and the Dowry Prohibition Act. He claimed that the allegations were false, that no dowry demand was made, and that there was no matrimonial dispute, asserting his innocence and lack of prior criminal record. The State opposed his bail application, arguing the seriousness of the charges. The Court considered the nature of the allegations, the maximum punishment of three years, and the petitioner’s clean record, and decided that bail was appropriate. Accordingly, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and comply with conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation if criminal antecedents are later discovered.
Issues considered
- Whether bail should be granted to the petitioner in the dowry case pending trial
- Whether the petitioner’s lack of prior criminal antecedents justifies bail
- Whether the conditions under Section 482(2) of the B.N.S.S., 2023 are applicable
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 3(5), 351(2), 85
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry prohibition
- criminal antecedents
- Section 482
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18539 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- MAHILA PS District- Darbhanga
======================================================
Nematullah @ Md. Nematullah, S/o Md. Shamsul @ Shamshul Haque, R/o
Village - Ankhauli Belpakauna, P.S - Jajuar @ Jajuara, District – Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar
2. Khurshida Praveen, W/o Md. Nematullah @ Nematullah, D/o Md. Abidul,
R/o Village - Muhamadpur Bujurag, Bharbara, P.S - Kamtaul,District –
Darbhanga.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Baidyanath Prasad, Advocate
For the State : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 17-06-2026 Notice was issued to the Opposite Party No.2 and
even appearance has been filed by an advocate on her behalf,
but nobody is present on behalf of the O.P. No.2/Informant.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner seeks bail, apprehending his arrest,
in connection with Mahila P.S. Case No.102 of 2025, dated-
18.07.2025 registered for the offences punishable under
Sections 85, 126(2), 115(2), 351(2), 3(5) of the B.N.S., 2023
and Section 3 / 4 of the Dowry Prohibition Act.
4. As per allegation, the marriage of the Informant
was solemnized with the Petitioner in the year 2022 as per
Patna High Court CR. MISC. No.18539 of 2026(3) dt.17-06-2026
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Islamic rites and customs and one daughter is also born out of
the wedlock. However, subsequently, demand of dowry of
Rs.5,00,000/- started and on account of non-fulfillment of the
same, the Informant/Wife has been subjected to torture in
various ways. Even threat to solemnized second marriage was
given by the Petitioner/Husband to the Informant/Wife and she
has been ousted from the matrimonial house on 14.07.2025.
5. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that there is no truth in the allegation
that any demand of dowry was made by the Petitioner or any
cruelty was committed by the Petitioner against his wife. The
alleged grievance of the Informant/wife regarding threat to
solemnize second marriage itself shows that she is interested to
live with the Petitioner/husband and this case has been lodged
only with intent to put pressure on the Petitioner to live with her
at her maike to which he is not agreeable. It is also submitted
that there is no matrimonial dispute going on between the
parties.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
Patna High Court CR. MISC. No.18539 of 2026(3) dt.17-06-2026
3/4
7. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
8. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
9. Considering the nature of allegation and maximum
punishment prescribed for the alleged offence being three years,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Mahila P.S. Case No.102 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
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(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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