Created by Fuzzy Cloud

Patna High Court

Md. Imran @ Md. Imran ShaikhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the complaint insufficiently substantiated to justify denial of bail.

Summary

The petitioner, Md Imran Shaikh, was named in a 2018 complaint alleging offences under several IPC sections and the Dowry Prohibition Act, based on alleged mental and physical cruelty when the complainant's parents refused to pay Rs 1 lakh. The petitioner’s counsel argued that the complaint lacked an supporting affidavit, specific dates, and was therefore vague and unreliable, citing Priyanka Srivastava v. State of Uttar Pradesh (2015) 6 SCC 287. The State opposed the bail application. The court examined the deficiencies in the complaint and, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directed that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was conditioned on compliance with the stipulated sections and the pending proceedings in the lower court.

Issues considered

  • Whether the complaint, lacking an affidavit and specific date, is sufficient to deny bail
  • Whether bail should be granted under Section 438(2) of the Criminal Procedure Code in view of the alleged offences

Legislation cited

Subjects

  • bail
  • complaint
  • affidavit
  • IPC
  • Dowry Prohibition Act
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • vague allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27110 of 2026
                  Arising Out of PS. Case No.-812 Year-2018 Thana- DARBHANGA COMPLAINT CASE
                                                   District- Darbhanga
                 ======================================================
                 Md. Imran @ Md. Imran Shaikh S/o Kalim @ Md. Kalim R/o Vill-
                 Bachharpur, PS- Pupri, Dist- Sitamarhi
                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Shamima Khatoon W/o Md. Imran, D/o Md. Shaukat R/o vill - Bhalpatti,
                  P.S.- Kamtaul, Dist.- Darbhanga
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Baidyanath Prasad
                 For the Opposite Party/s :   Mr.Tapeshwar Sharma
                 ======================================================
                 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. 812 of 2018 registered for the

                   offences punishable under Sections 147, 148, 149, 323,

                   326, 379, 307, 498-A and 34 of the Indian Penal Code

                   and Section ¾ of the DP Act.

                                3. As per complaint, it is alleged that the

                   petitioner        along with his family members committed

                   mental and physical cruelty upon complainant when her

                   parents refused to pay Rs. 1 lakh as to start business.
Patna High Court CR. MISC. No.27110 of 2026(2) dt.28-04-2026
                                            2/3




                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that complaint in issue is not

          supported by affidavit and, therefore, the allegation

          cannot be accepted true on its face, in view of legal

          report as available through Priyanka Srivastava and

          Another Vs. State of Uttar Pradesh and Others as

          reported in [(2015) 6 SCC 287]. It is pointed that

          specific date of occurrence is also missing in support of

          allegation, makes it vague and unrealistic.

                          5. Learned APP opposes the prayer of bail.

                        6. In view of aforesaid factual submission and

          by taking note of fact as complaint in issue is not

          supported by affidavit prima-facie questioning the doubt

          qua allegation, 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 JMFC,
               Patna High Court CR. MISC. No.27110 of 2026(2) dt.28-04-2026
                                                           3/3




                         Darbhanga/concerned Court, where the case is pending

                         in connection with Complaint Case No. 812 of 2018,

                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.