Patna High Court
MD. JIYAFATversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Jiyafat, was accused of dowry harassment under Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita following a complaint by his wife, Misrana Khatoon. The petitioner denied the allegations and offered to pay Rs. 3,000 per month as temporary maintenance, subject to any future matrimonial or maintenance orders. The High Court, noting the petitioner’s undertaking, allowed his anticipatory bail application, directing that bail be granted upon furnishing a bail bond of Rs. 10,000 with two sureties. The court imposed conditions, including the complainant filing an affidavit of her bank account details and the petitioner depositing the maintenance amount monthly into that account. Failure to deposit for two consecutive months would permit cancellation of the bail bond, and the order does not preclude the parties from resolving the matter otherwise.
Issues considered
- Whether anticipatory bail should be granted in a dowry harassment case under Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita
- Whether the petitioner’s undertaking to pay monthly maintenance satisfies the requirements for anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 85
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- matrimonial dispute
- criminal procedure
- Section 115
- Section 85
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- COMPLAINT CASE District- Araria
======================================================
MD. JIYAFAT Son of Md. Tahir Resident of village - Fatehpur, Ward No.- 6,
P.S.- Narpatganj, District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Misrana Khatoon Daughter of Md. Samiruddin W/o Md. Jiyafat, Resident of
village and P.O.- Fatehpur, Ward No.- 6, P.S.- Narpatganj, District - Araria
854335
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
For the complainant : Mr. Ramesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Earlier, vide order dated 02.04.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 115 (2) & 85 of the
Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2008. Thereafter,
it is alleged that complainant was subjected to torture and
cruelty due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.21 of 2026(4) dt.23-06-2026
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5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
3000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Araria in connection
with Complaint Case No. 607 of 2025, subject to the conditions
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita as well as on the following conditions:-
‘(1) Complainant would file an affidavit before the
court below and bring on record her savings bank account
Patna High Court CR. MISC. No.21 of 2026(4) dt.23-06-2026
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number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance or connected
proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.’
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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