Patna High Court
Shekh Mohammad Sabir Ali @ Shekh Mohammad Savir Ali@Shekh SabirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner on a bond with conditions, as the monetary undertaking and statutory provisions justify release pending trial.
Summary
The petitioner, Shekh Mohammad Sabir Ali, sought bail in a dowry‑harassment case where he was charged under IPC sections 341, 323, 498A, 504, 506 and 34. He denied the allegations and offered to pay a monthly amount of Rs.3,000 to the complainant, Tarnum Khatoon, as temporary relief. The court considered his undertaking, the seriousness of the offences, and the statutory provisions governing bail, namely Section 438(2) of the Cr.P.C. and Section 482 of the B.N.S.S. The judge ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions including the monthly payment and the filing of an affidavit by the complainant. The bail bond may be cancelled if the petitioner fails to make the payments for two consecutive months. The order also clarified that the bail does not prejudice any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail can be granted to the petitioner despite charges of dowry harassment and related offences under the IPC.
- Whether the petitioner’s undertaking to pay a monthly sum satisfies the requirements of Section 438(2) Cr.P.C. for bail.
- Whether the conditions imposed, including the use of Section 482 B.N.S.S., are lawful and appropriate.
Legislation cited
- B.N.S.S. Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 34, 341, 498, 504, 506, A
Subjects
- bail
- dowry harassment
- Indian Penal Code
- Criminal Procedure Code
- Section 438
- Section 482
- maintenance
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27286 of 2025
Arising Out of PS. Case No.-32 Year-2024 Thana- MAHILA P.S District- West Champaran
======================================================
Shekh Mohammad Sabir Ali @ Shekh Mohammad Savir Ali@Shekh Sabir
S/O Shekh Salauddin R/O Village- Balahi, P.S- Turkaulia, Distt.- East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tarnum Khatoon @ Tarnnu Khatoon D/O Shekh Md. Julfikar R/O Village-
Mahmadi Shekh Toli, P.S- Majhauliya, Distt.- West Chaparan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Abhishek Kumar, Adv.
For the State : Mr.Rajendra Prasad Nat, APP
For the O.P.2 : Mr.Shakil Ahmad Khan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
no. 2.
2. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a case registered for the offences
under Sections 341, 323, 498(A), 504, 506/34 of the Indian
Penal Code.
3. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the F.I.R. and submits
that he never committed torture to opposite party no. 2 or
Patna High Court CR. MISC. No.27286 of 2025(4) dt.09-02-2026
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demanded any dowry. However, the petitioner undertakes to
give Rs. 3,000/-per month by way of temporary relief/solace,
starting from this month, to the opposite party no.2.
5. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. 6th, Bettiah, West
Champaran in connection with Mahila Case No. 32 of 2024,
subject to the conditions laid down under section 438(2) of the
Cr.P.C./ section 482 of the B.N.S.S. as well as on the following
conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
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the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance
or connected proceedings. The present order, in
no way, will preclude the parties to resolve the
issue otherwise.”
(Prabhat Kumar Singh, J)
anay
U T
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