Patna High Court
MD. NASEEMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, Md. Naseem, subject to bond and surety conditions.
Summary
The petitioner, Md. Naseem, was apprehended in connection with a complaint alleging dowry demands, physical and mental torture, and eviction of his wife, Hasmul Khatoon, under various IPC sections and the Dowry Prohibition Act. The petitioner contended that the allegations were false, that the complainant had deserted him, and that the case contained only general, omnibus accusations against his family. The complainant failed to appear despite proper service of notice. Considering the lack of specific evidence against the petitioner and the general nature of the allegations, the court exercised its discretion to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the Criminal Procedure Code. The order aims to protect the petitioner from arrest while the criminal proceedings continue.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite the serious nature of the allegations.
- Whether the allegations against the petitioner constitute a specific offence warranting denial of bail.
- Whether the absence of the complainant affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438, 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 147, 323, 34, 341, 379, 498, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 498A
- Criminal Procedure Code
- domestic violence
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28840 of 2025
Arising Out of PS. Case No.-144 Year-2023 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
MD. NASEEM S/o Late Kari Resident of Village- Nadiyami, Police Station-
Kusheshwar Asthan, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hasmul Khatoon W/o Md. Naseem R/o vill - Nadiyami, P.s.- Kusheshwar
Asthan, Distt.- Darbhanga, Present Address- Hasmul Khatoon, D/o Md.
Yunus, R/o vill - Gora, P.S. - Kusheshwar Asthan, Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/state : Mr.Sanjay Kumar
For the Opposite Party-2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 11-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case bearing (C.R.) No. 144 of 2023
corresponding to T.R. No. 209 of 2023 registered for the
offence punishable under Section 147 / 323 / 341 / 379 /
498(A) / 504 of the I.P.C., Section ¾ of the Dowry Prohibition
Act but cognizance has been taken against the petitioner for
offence under Section 323 / 498(A) / 34 of the I.P.C.
3. The prosecution case as per the complaint petition
is that the marriage of the complainant was solemnized with the
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petitioner according to Muslim rites and rituals on 16.06.2016
and it is alleged that the petitioner and his family members
demanded a motorcycle and one lakh rupees as dowry and due
to non fulfillment of the said demand, the petitioner and other
family members tortured the complainant-Opposite Party No. 2
both physically as well as mentally and finally ousted the
Opposite Party No. 2 from her matrimonial home.
4. Learned counsel for the petitioner submits that
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. He further
submits that the complainant being a quarrelsome lady always
pressurized the petitioner to desert his family and stay
separately but when the petitioner does not become ready she
herself deserted the husband with all her belongings and went to
her parental home. He next submits that from perusal of the
entire complaint case it would be evident that general and
omnibus allegation has been made against the petitioner and his
family members that they assaulted, tortured and ousted the
complainant from her matrimonial home.
5. No one appears for the complainant-Opposite Party
No. 2 despite valid service of notice.
6. Regard being had to the submission made by the
Patna High Court CR. MISC. No.28840 of 2025(7) dt.11-05-2026
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petitioner and taking into consideration the fact that there is
general and omnibus allegation against all the family members
and the petitioner is the husband of the complainant- Opposite
Party No. 2 , accordingly, I am inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his
arrest / surrender before the learned court below within a period
of six weeks from today be released on anticipatory bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Sri Pappu
Kumar Pandit, learned J.M.-1st Class, Biraul, Darbhanga in
connection with Complaint Case bearing C.R. No. 144 of 2023
corresponding to T.R. No. 209 of 2023 subject to the condition
as laid down under Section 482(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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