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Patna High Court

Md. MushtaqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Md. Mushtaque, was arrested in connection with a complaint alleging dowry demands of Rs.1 lakh and a motorcycle, and subsequent assault, torture, attempted arson, and threats of a second marriage, invoking Sections 323 and 498A of the IPC. The petitioner contended that the magistrate had only taken cognizance of the assault and cruelty charges, that the dowry and arson allegations were vague and unsubstantiated, and that he had a clean antecedent. The second opposite party, Tanisha, failed to appear despite service of notice. The High Court examined the nature of the allegations, deeming them general and omnibus, and considered the bail provisions under Section 482(2) of the Criminal Procedure Code. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions laid down by the Sessions Judge.

Issues considered

  • Whether the petitioner is entitled to bail pending trial for offences under Sections 323 and 498A IPC given the nature of the allegations.
  • Whether the allegations of dowry demand and attempted arson are sufficiently specific to deny bail.

Legislation cited

Subjects

  • dowry harassment
  • assault
  • cruelty by husband or relatives
  • bail
  • Section 323 IPC
  • Section 498A IPC
  • Criminal Procedure Code
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27828 of 2025
                  Arising Out of PS. Case No.-713 Year-2020 Thana- DARBHANGA COMPLAINT CASE
                                                   District- Darbhanga
                 ======================================================
                 Md. Mushtaque S/o Md. Hashim R/o Vill.- Khajasarai, P.S.- Laheriasarai,
                 District- Darbhanga.                                 ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar.
           2.     Tanisha W/o Md. Mustaque, D/o Md. Shaukat Ali R/o Vill.- Khajasarai, P.S.-
                  Laheriasarai, District- Darbhanga. At present Kano Vishanpur, P.S.-
                  Khanpur, Distt.- Samastipur.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Prasoon Kumar, Advocate
                 For the Opposite Party/s :   Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   15-01-2026                  Heard learned counsel appearing on behalf of

                   the petitioner and learned Additional Public Prosecutor

                   appearing on behalf of the State.

                                    2. The accused/petitioner apprehending his

                   arrest      in     connection    with     Complaint       Case      No.

                   713(C)/2020 registered for the offences punishable

                   under Sections 323 and 498(A) of the Indian Penal

                   Code.

                                3. The allegation against the petitioner is to

                   demand a cash of Rs. one lac and a bullet motorcycle

                   as dowry and due to non-fulfillment of same, the

                   petitioner and his family members assaulted and

                   tortured complainant in various ways and finally

                   ousted       the      complainant     after    returning      her    all
Patna High Court CR. MISC. No.27828 of 2025(5) dt.15-01-2026
                                            2/3




          belongings. It is also alleged that the accused persons

          tried to ablaze her and also threatened her to

          solemnize second marriage of the accused petitioner

          with another lady.

                       4.    It    is    submitted         by   learned   counsel

          appearing on behalf of the petitioner that considering

          the     narration        of    the      complainant,      the   learned

          jurisdictional Magistrate took cognizance only for the

          offence alleged to be committed punishable under

          Sections 323 and 498 of the Indian Penal Code. It is

          pointed out that the allegation to ablaze complainant

          found not correct during inquiry and, moreover, the

          allegation qua demand of dowry in cash and also

          motorcycle appears very much general and omnibus in

          nature. Petitioner claimed clean antecedent.

                       5. Despite of service of notice, opposite party

          no. 2 failed to join the present pending proceedings.

                       6. In view of aforesaid factual submissions and

          by taking note of nature of allegation, which is

          appearing very much general and omnibus against

          petitioner         qua        physical       assault    and     cruelty,

          accordingly, above named petitioner, in the event of

          his arrest or surrender before the learned trial Court,

          within a period of four weeks of the order, is directed
              Patna High Court CR. MISC. No.27828 of 2025(5) dt.15-01-2026
                                                          3/3




                        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

                        Sessions Judge, Darbhanga/concerned Court, where

                        the case is pending in connection with Complaint Case

                        No. 713(C)/2020 subject to the conditions as laid down

                        under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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