Patna High Court
Md. MushtaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 498A
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
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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
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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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