Patna High Court
Md. Imran @ Md. Imran ShaikhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 147, 148, 149, 307, 323, 326, 34, 379, 498-A
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
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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
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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
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