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Patna High Court

Md. Ashif AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the complaint's vague and general allegations do not justify denial of bail, and therefore bail was granted.

Summary

The petitioner, Md. Ashif Alam, was charged under Section 85 of the Bhartiya Nayay Sanhita and Section 3 of the Dowry Prohibition Act for alleged mental and physical cruelty and demanding a dowry of Rs.5 lakh and a motorcycle. He sought bail, arguing that the complaint lacked an supporting affidavit and contained only vague, general allegations. The prosecution contended that the petitioner, as the husband, was the primary dowry demander. The court examined the complaint and found the allegations to be omnibus and insufficiently specific, referencing the principle in Priyanka Srivastava v. State of Uttar Pradesh. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and directed the trial court to consider an amicable settlement.

Issues considered

  • Whether the complaint, lacking an affidavit and containing vague allegations, is sufficient to deny bail under Section 85 BNSS and Section 3 D.P. Act.
  • Whether the general nature of the allegations warrants the grant of bail to the petitioner.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • Section 85 BNSS
  • Dowry Prohibition Act
  • general allegations
  • affidavit requirement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27174 of 2026
                    Arising Out of PS. Case No.-2001 Year-2024 Thana- KATIHAR COMPLAINT CASE
                                                     District- Katihar
                 ======================================================
                 Md. Ashif Alam S/o Md. Khurshid Alam, R/o Village - Hasinapur, Siz Tola,
                 P.S.- Barari, District – Katihar.
                                                                       ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar.
           2.     Asmira Gulab, D/o Md. Afaque R/o Village - Maheshpur, P.O - Shitalmani,
                  P.S - Azamnagar, District – Katihar.
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Mukesh Kumar Jha
                 For the Opposite Party/s :    Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner named in complaint

                   petition and apprehending his arrest in connection with C.A.

                   Case No.          2001 of 2024 registered for the offences

                   punishable under Section 85 of Bhartiya Nayay Sanhita and

                   Section ¾ of D.P. Act.

                                3. As per complaint, petitioner alleged to commit

                   mental and physical cruelty upon the complainant alongwith

                   his family members including parents due to non-fulfillment

                   of demand of Rs. 5 lakh and one motorcycle, as demanded
Patna High Court CR. MISC. No.27174 of 2026(2) dt.29-04-2026
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          in dowry.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that the complaint in issue is not

          supported by affidavit and, therefore, its contents cannot be

          believed as same appears in contrary to the legal ratio as

          available through Priyanka Srivastava Vs. State of Uttar

          Pradesh [2015 (6) SCC 287].

                       5. Arguing further, an attention of this Court was

          drawn towards para nos. 7 and 10 of the complaint petition,

          where no specific allegation raised against this petitioner,

          rather the allegation qua demanding dowry and also qua

          assaulting and abused was raised in a very general and

          specific manner against accused person, without specifying

          anything. Petitioner claimed clean antecedent

                       6. Learned APP, duly assisted by learned counsel

          appearing on behalf of the informant, while opposing the

          prayer of bail submitted that the petitioner is the husband

          and he is the main person, who demanded dowry but he

          could not disputed the averments as made under para nos. 7

          and 10 of the complaint petition.
              Patna High Court CR. MISC. No.27174 of 2026(2) dt.29-04-2026
                                                          3/3




                                     7. In view of aforesaid factual submissions and by

                        taking note of the fact as allegation raised against petitioner

                        is appearing very much general and omnibus in nature, as

                        discussed aforesaid, accordingly, above named petitioner,

                        who is the husband of the complainant, in the event of his

                        arrest or surrender before the learned trial Court, within a

                        period of four weeks of the order, 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 S.D.J.M., Katihar/concerned

                        Court, where the case is pending in connection with C.A.

                        Case No. 2001 of 2024 subject to the conditions as laid

                        down under Section 482(2) of the BNSS, with further

                        condition that:-

                                                The learned trial court is directed to

                                                explore      the     possibilities   of   amicable

                                                settlement, if any.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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