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Patna High Court

Md Nazir @ Md. Nazir KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.27093 of 2026(2) dt.28-04-2026
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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
               Patna High Court CR. MISC. No.27093 of 2026(2) dt.28-04-2026
                                                           3/3




                         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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