Patna High Court
Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in view of the complainant’s remarriage and non‑appearance, the petitioner is entitled to bail.
Summary
Aftab Alam was named in a FIR and complaint alleging cruelty and dowry demand under Section 498A of the IPC (now Sections 85 and 86 of the Bhartiya Nyay Sanhita) and the Dowry Prohibition Act. The complainant, his wife Sogra Khatoon, allegedly left the matrimonial home and subsequently remarried, a fact supported by a supplementary affidavit. The petitioner argued that the complainant’s remarriage defeats the basis of the cruelty allegation and that he has a clean antecedent. The State opposed bail, but the court noted the complainant’s non‑appearance and remarriage, and therefore ordered that the petitioner be released on bail upon surrendering within four weeks, subject to a bond and sureties. The order was made under the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the complaint under Section 498A (now B.N.S.) and the Dowry Prohibition Act remains viable after the complainant’s remarriage.
- Whether the petitioner is entitled to bail pending trial.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 85, 86
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- cruelty
- bail
- Section 498A
- remarriage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30902 of 2025
Arising Out of PS. Case No.-412 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Aftab Alam Son of Late Gulab Ansari Resident of Mohalla- Nazani Chowk,
Bettiah, Ward No. 14, P. S.- Bettiah Town, District- West Champaran.
... ... Petitioner
Versus
1. The State of Bihar
2. SOGRA KHATOON Wife of Aftab Alam, Daughter of Mohammad Gaffar
Ansari Resident of Mohalla- Baswariya Ghusukpura, Ward No. 20, P. S.-
Bettiah Town, District- West Champaran.
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh,. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
8 06-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The accused-petitioner, named in the
F.I.R., is apprehending his arrest in connection with
Complaint Case No. 412C of 2023 registered for
the offences punishable under Section 498A of the
Indian Penal Code corresponding to section 85 and
86 of the Bhartiya Nyay Sanhita, 2023 (in short,
the ‘B.N.S.’) and Section ¾ of the Dowry
Prohibition Act.
3. As per complaint, it is alleged against
petitioner to commit cruelty upon the complainant
Patna High Court CR. MISC. No.30902 of 2025(8) dt.06-01-2026
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alongwith his family members due to non-
fulfillment of demand of dowry as raised for a cash
of Rs. Two Lakhs for starting business.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that
complainant/O.P. No. 2 herself left her matrimonial
home as she was not desirous to continue her
married life with this petitioner. It is submitted that
complainant/O.P. No. 2 solemnized another
marriage with one Hakique Ansari, son of Alim
Ansari, resident of village – Bharpatia, Ward No. 13,
Panchayat – Guruwaliya, P.S. - Manuapul, District –
West Champaran, and they are living together as
husband and wife. This fact was brought on record
through supplementary affidavit dated 24.11.2025
(Annexure ‘3’). Petitioner claimed clean
antecedent.
5. Despite service of notice, non-appeared on
behalf of the complainant/O.P. No. 2.
6. Learned A.P.P. for the State is present.
7. In view of aforesaid factual submission
and by taking note of the fact as the
Patna High Court CR. MISC. No.30902 of 2025(8) dt.06-01-2026
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complainant/O.P. No. 2 solemnized marriage with
another person as discussed aforesaid,
accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four
weeks from this order, is directed to be enlarged
on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate, Bettiah, West
Champaran/ concerned court in connection with
Complaint Case No. 412C of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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