Patna High Court
Md. JamilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to both petitioners, directing release on bond subject to Section 482(2) of the BNSS.
Summary
The petitioners, Md. Jamil and his wife Noor Jahan, who are the father‑in‑law and mother‑in‑law of the complainant, were arrested in connection with a dowry harassment complaint (Case No. 1260 of 2024) alleging physical and mental cruelty and a demand for Rs. 2 lakh and a motorcycle. The trial court had taken cognizance under Section 498A of the IPC, although the original complaint cited several sections of the Bihar Negotiable and Settlement Act and the Dowry Prohibition Act. The petitioners applied for bail, contending that the allegations were vague, omnibus, and that they were not involved in the daily domestic affairs of the complainant. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioners' status as in‑laws, the lack of specific evidence, and the general nature of the allegations, granted bail to each petitioner on a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the accused in a dowry harassment case where the allegations are general and omnibus.
- Whether Section 482(2) of the BNSS permits the grant of bail in such circumstances.
Legislation cited
- Bihar Negotiable and Settlement Act — s. 115, 118(1), 305(A), 351(2), 351(3)(5), 352, 76, 85
- Bihar Negotiable and Settlement Act (Criminal Procedure) — s. 482(2)
- Dowry Prohibition Act — s. 3/4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- cruelty
- Section 498A IPC
- Dowry Prohibition Act
- Section 482 CrPC
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31035 of 2026
Arising Out of PS. Case No.-1260 Year-2024 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
1. Md. Jamil S/o Late Khalil Saran @ Late Md. Khalil Sarang @ Late Md.
Khalid Saran, R/o Village - Mustafapur Kuppa Ghat Road, P.S - Barari,
District – Bhagalpur.
2. Noor Jahan @ Bibi Noor Jahan W/o Md. Jamil R/o Village - Mustafapur
Kuppa Ghat Road, P.S - Barari, District – Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Muskan D/o Md. Arif W/o Md. Imran, R/o Village - Badre Alampur,
Shahjangi, P.S - Habibpur, District – Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Complaint Case No. 1260 of 2024
registered for the offences punishable under Sections 115,
118(1), 76, 305(A), 85, 352, 351(2)/3(5) of the BNS and
Section ¾ of the Dowry Prohibition Act. After enquiry,
learned trial court took cognizance under Section 498A of
the IPC.
Patna High Court CR. MISC. No.31035 of 2026(2) dt.13-05-2026
2/3
3. As per complaint, the petitioners, who are in-
laws alleged to commit mental and physical cruelty upon the
complainant alongwith other family members including
husband due to non-fulfillment of demand of dowry, as
raised for cash of Rs. 2 lacs and one motorcycle.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that both petitioners are in-laws i.e.
father-in-law and mother-in-law of the complainant. It is
further submitted that the allegation qua committing physical
and mental cruelty is appearing very much general and
omnibus in nature and also the demand of motorcycle and
cash. While concluding the argument, it is submitted that
petitioners are not concerned in any manner with daily and
domestic affairs of complainant and her husband. Both
petitioners are of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the petitioners are in-laws, who
claimed to live separately and prima facie, facing general
and omnibus allegation qua raising demand of dowry,
Patna High Court CR. MISC. No.31035 of 2026(2) dt.13-05-2026
3/3
accordingly, both above named petitioners, in the event of
their arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Bhagalpur/concerned Court, where the
case is pending in connection with Complaint Case No. 1260
of 2024 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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