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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

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
                                            2/3




                       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
                                                      3/3




                    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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