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Patna High Court

Abu Bakar Siddique @ Abu BakarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

Abu Bakar Siddique was named in a criminal complaint (C.A. No. 451 of 2023) alleging offences under IPC sections 341, 323, 504 and 498-A for mental and physical cruelty stemming from a dowry demand of Rs.2 lakh. The petitioner argued that the complaint was false, unsubstantiated by an affidavit, and that the allegations were vague and omnibus. The State contended that the petitioner failed to provide maintenance and was indifferent to the complainant’s dignity. The court examined the nature of the allegations and the procedural requirements for bail, noting the lack of specific evidence and the general character of the complaint. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs.10,000, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, while directing the complainant to approach the Family Court for maintenance.

Issues considered

  • Whether bail should be granted to the petitioner in the pending criminal case under IPC sections 341, 323, 504 and 498-A.
  • Whether the absence of an affidavit and the general nature of the dowry‑related allegations affect the grant of bail.
  • Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable to the bail order.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • mental cruelty
  • physical cruelty
  • IPC
  • CrPC
  • maintenance
  • family court
  • false complaint

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31273 of 2024
                     Arising Out of PS. Case No.-451 Year-2023 Thana- KATIHAR COMPLAINT CASE
                                                      District- Katihar
                 ======================================================
                 Abu Bakar Siddique @ Abu Bakar Son of Late Chand Mohammad R/o
                 Village- Kachana, P.S.- Barsoi, District- Katihar
                                                                   ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.     Johara Khatoon Wife of Abu Bakar Siddique @ Abu Bakar, D/o Jamiruddin
                  R/o Village- Kachana, P.S.- Barsoi, District- Katihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Harish Chandra Patel, Adv
                 For the Opposite Party/s :     Mr. Rajiv Ranjan, APP
                 For the O.P. No. 2       :     Mr. Rajendra Pd. Sah, Adv
                                          :     Mr. Ratnakar Ambastha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   28-01-2026                    Heard the parties.

                                2. The petitioner is named in the complaint and

                   apprehending his arrest in connection with C.A. Case No. 451

                   of 2023 registered for the offences punishable under Sections

                   341, 323, 504 and 498-A of the Indian Penal Code.

                                3. As per complaint, petitioner alleged mental and

                   physical cruelty upon complainant due to non-fulfillment of

                   demand of dowry, as raised for cash of Rs. 2 lakhs.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that complaint in issue was raised on

                   the basis of false and fabricated allegation and therefore
Patna High Court CR. MISC. No.31273 of 2024(3) dt.28-01-2026
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          same not appears supported through affidavit. It is pointed

          out that non-supporting of complaint on affidavit is a clear

          violation of legal ratio as established through Priyanka

          Srivastava and Another Vs. State of Uttar Pradesh and

          Others, [(2015) 6 SCC 287]. Arguing further it is

          submitted that allegation qua demand of dowry appears very

          much general and omnibus in nature as petitioner out of

          family quarrel solemnized his second marriage as per his

          personal law, being aggrieved with same false case was

          lodged which is completely un-occasioned and unwarranted.

                       5. Learned APP duly assisted by learned counsel for

          the informant while opposing the prayer of bail submitted that

          petitioner is not paying anything towards maintenance of

          complainant and her children. It is also pointed out by learned

          counsel for the informant that petitioner is not desirous to

          keep complainant with love and dignity.

                       6. In view of aforesaid factual and legal submission

          and by taking note of fact as allegation qua mental and

          physical cruelty appears very much general and omnibus in

          nature, accordingly petitioner above-named, in the event of
               Patna High Court CR. MISC. No.31273 of 2024(3) dt.28-01-2026
                                                           3/3




                         his arrest or surrender before the court below within a period

                         of four weeks, is directed 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 A.C.J.M. 1st Katihar/concerned Court, where the case

                         is pending in connection with C.A. Case No. 451 of 2023,

                         subject to the conditions as laid down under Section 438(2) of

                         the Cr.P.C/ Section 482(2) of BNSS.

                                      7. Complainant is free to approach concerned

                         Family Court for maintenance of herself and her children, in

                         accordance with law.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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