Patna High Court
Md. JamalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a monetary payment undertaking and standard bail conditions.
Summary
The petitioner, Md Jamal, husband of Shabina Khatoon, feared arrest in a case involving multiple IPC offences including dowry harassment. He denied the allegations and offered to pay Rs.3,000 per month as temporary relief to the opposite party. The court, after mediation failed, considered his undertaking and the seriousness of the charges. It granted bail conditioned on a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the CrPC and Section 482 of the B.N.S.S. The conditions required the petitioner to deposit the monthly amount into the opposite party's bank account, with bail cancellation if payments were missed for two consecutive months. The order also noted that the bail does not preclude any future matrimonial or maintenance proceedings.
Issues considered
- What is the appropriateness of granting bail under Section 438(2) CrPC in a case involving serious IPC offences?
- Can the court impose monetary payment conditions as part of bail?
- Whether the bail can be cancelled upon non‑compliance with the payment conditions?
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- dowry harassment
- IPC sections 341, 323, 307, 498-A, 379, 504, 506/34
- temporary relief
- mediation failure
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2203 of 2025
Arising Out of PS. Case No.-20 Year-2023 Thana- MAHILA P.S. District- Vaishali
======================================================
Md. Jamal Son of Md Abbas R/o Village- Raghopur West Ward No. 04,
Police Station -Jurawanpur District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shabina Khatoon D/O- Najir Alam Resident of Village- Station Road
Hajipur Oposite old Bus dipo, P.S.- Hajipur - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Md Soban Asghar
For the State : Mr.Tarkeshwar Nath Thakur
For the OP-2 : Mr. Priyesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-01-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a case registered for the offences
under Sections 341, 323, 307, 498-A, 379, 504 & 506/34 of the
Indian Penal Code.
4. Petitioner is alleged to have committed torture and
Patna High Court CR. MISC. No.2203 of 2025(5) dt.16-01-2026
2/3
harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the present petition and
submits that he never committed torture to opposite party no. 2
or demanded any dowry. However, the petitioner undertakes to
give Rs. 3,000/-per month by way of temporary relief/solace,
starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 learned C.J.M., Hajipur at Vaishali in
connection with Hajipur Mahila P.S. Case No. 20 of 2023,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure/Section 482 of the B.N.S.S. as well
as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
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(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid 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)
anay
U T
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