Patna High Court
Md Nazir @ Md. Nazir KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail despite the allegations, subject to a bond and sureties under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Md Nazir Khan, was named in a 2016 complaint alleging mental and physical cruelty under Section 498‑A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, stemming from a dowry demand for a motorcycle and Rs 1 lakh. The complainant claimed she was ousted from the matrimonial home and that the petitioner continued to demand dowry, while the petitioner contended she left voluntarily and that the allegations were vague. The State opposed the bail application. The court examined the general and omnibus nature of the allegations and, despite the seriousness of the charges, held that the petitioner was eligible for bail. Accordingly, bail was granted on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) of the BNSS. The order directed the petitioner’s release pending trial.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged cruelty under Section 498‑A IPC and the Dowry Prohibition Act.
- Whether the general and omnibus allegations of mental and physical cruelty justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498-A
Subjects
- dowry harassment
- Section 498-A
- mental cruelty
- physical cruelty
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- complaint case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27093 of 2026
Arising Out of PS. Case No.-404 Year-2016 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Md Nazir @ Md. Nazir Khan S/O Late Md. Kalim Khan @ Late Md. Kalim
R/O Village- Balbatra, P.O - Ara, P. S - Ara Town, District - Bhojpur, Ara.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shabana Aazmi W/O Md. Nazir @ Md Nazir Khan, D/O Late Ahsan
Hussain R/O Village- Bhusaula Danapur, P.O.- Mubarakpur, P.S-
Phulwarisharif, Distt.- Patna. At present resident of Bagmalu Kha, P.S-
Khajekala, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Adv
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The petitioner is named in the complaint petition
and apprehending his arrest in connection with Complaint
Case No. 404 of 2016 registered for the offences punishable
under Section 498-A of the Indian Penal Code and Sections
¾ of the DP Act.
3. As per complaint, petitioner being husband along
with his family members/parents committed mental and
physical cruelty upon complainant due to non-fulfillment of
demand of dowry as raised for one motorcycle and cash of
Rs. 1 lakh.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the complaint dated 18.05.2016
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filed by complainant is supported through affidavit, where it
has been stated that the complainant was ousted from her
matrimonial home on 25.07.2015 by all accused persons
without specifying name of this petitioner after keeping all
her gold and silver jewelries. It is submitted that since then,
she is living in her parental home and just to cover the
delay, it was alleged that this petitioner being husband
visited parental house on 16.05.2016 and repeated demand
qua dowry. In fact complainant left her matrimonial home on
her own, living with her parents, leaving minor son with
petitioner.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of general and omnibus allegation qua
committing mental and physical cruelty against petitioner in
terms of para 8 of the complaint, on the day complainant
was ousted from her matrimonial home, 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
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bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned S.D.J.M. Patna City/concerned Court, where the case
is pending in connection with Complaint Case No. 404 of
2016, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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