Patna High Court

Md. AkhtarversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner, finding the cruelty allegations prima facie vague and noting the complainant’s desertion.

Summary

The petitioner, Md. Akhtar, was named in an FIR for alleged cruelty under IPC sections 323, 341, 498A and 504, stemming from a dowry dispute. He argued that the complainant, his wife, had deserted him two months after marriage and was herself committing cruelty by refusing to return to the matrimonial home. The complainant failed to appear despite service of notice. The State opposed bail, but the court found the cruelty allegation to be vague and noted the desertion by the complainant. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act.

Issues considered

What is the appropriateness of granting bail to the petitioner under Section 438(2) of the Criminal Procedure Code in light of the alleged cruelty charges?

Legislation cited

Bihar Negotiable Instruments Act — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 323, 341, 498A, 504

Subjects

bail
domestic cruelty
dowry dispute
desertion
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23205 of 2025
                  Arising Out of PS. Case No.-587 Year-2022 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 Md. Akhtar son of Safad Miyan @ Safad Miya village- Amahi, Ps-
                 Ghoghardiha, dist- Madhubani                   ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Sawana Khatoon Wife of Md. Akhtar village- Chhitahi Hanuman Nagar, Ps-
                  Bhaptiyahi, Dist- Supaul                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prabhas Ranjan, Adv
                 For the Opposite Party/s :        Mr. Harendra Prasad, APP
                 For the Informant        :        Mr. Pramod Mishra, Adv
                                          :        Mr. Prasoon Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
6   05-01-2026                    Heard the parties.

                                2. The accused/petitioner is named in the F.I.R.

                   and      apprehending           his    arrest    in     connection        with

                   Complaint Case No. 578C of 2022 registered for the

                   offences punishable under Sections 323, 341, 498(A)

                   and 504 of the Indian Penal Code.

                                3. The allegation against petitioner is to

                   commit cruelty upon O.P. No. 2 due to non-fulfillment

                   of demand of buffalo as raised for dowry.

                                4.    It      is   submitted       by      learned      counsel

                   appearing on behalf of the petitioner that out of certain

                   domestic cruelty complainant herself left home of

                   petitioner and in fact by deserting petitioner, she is

                   committing cruelty upon him. In support of his

                   submission learned counsel referred to the S.A. of

                   complainant,            where         upon      Court      question        she
Patna High Court CR. MISC. No.23205 of 2025(6) dt.05-01-2026
                                            2/3




          categorically stated that she is not willing to join

          matrimonial house. Admittedly complainant is living

          separately immediately after two months of the

          marriage.

                       5. Despite valid service of notice, none

          appeared on behalf of O.P. No. 2.

                        6. Learned APP opposes the prayer of bail.

                        7. In view of aforesaid factual submission and

          by taking note of fact as allegation of cruelty prima-

          facie appears very much general and omnibus against

          petitioner,        where        petitioner           was   deserted   by

          complainant herself immediately after two months of

          the marriage and, she is also not willing to join

          matrimonial          house,       accordingly         petitioner   above-

          named, in the event of his arrest or surrender before

          the court below within a period of four weeks, is

          directed to be released on bail, furnishing bail bond of

          Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the

          learned J.M. 1st Class, Supaul/concerned Court, where

          the case is pending in connection with Complaint Case

          No. 578C of 2022, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C/ Section

          482(2) of BNSS.
               Patna High Court CR. MISC. No.23205 of 2025(6) dt.05-01-2026
                                                           3/3




                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T

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