Patna High Court
Abu Bakar Siddique @ Abu BakarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 341, 498-A, 504
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
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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
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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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