Patna High Court
Sadre AlamversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sadre Alam, sought anticipatory bail after being charged under Sections 126(2), 115(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Sections 3 and 4 of the Dowry Prohibition Act for alleged cruelty and dowry demands following his 2019 marriage. The prosecution alleged that the informant, his wife, was subjected to torture for non‑payment of dowry. The petitioner denied the allegations and offered to pay Rs. 5,000 per month as temporary relief, subject to any future maintenance order. The court, noting the petitioner’s undertaking, allowed the anticipatory bail application with a bail bond of Rs. 10,000 and two sureties, imposing conditions including monthly payment into the informant’s bank account and possible cancellation for non‑payment. The order also directed the informant to file an affidavit providing her bank details and clarified that the bail does not preclude resolution of the matrimonial dispute.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita despite serious dowry‑related charges.
- Whether the petitioner’s undertaking to pay maintenance influences the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 352
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- maintenance
- criminal procedure
- Bharatiya Nyaya Sanhita
- Dowry Prohibition Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3162 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Sadre Alam S/O Hafiz Badhai @ Abdul Hafiz R/O Village- Sirisiya, Police
station- Sikta, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nazama Khatoon @ Nagma Khatoon W/O Sadre Alam, D/O Md. Hasim
R/O Village- Sirisiya, Police station- Sikta, District- West Champaran, At
Present R/O Village- Jhumka, Police station- Sikta, District- West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
For the O.P. No. 2 : Mr. Bhagya Narayan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-06-2026 Earlier, vide order dated 01.04.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 126(2), 115(2), 352,
3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the
Dowry Prohibition Act.
4. As per prosecution case, marriage of informant was
solemnized with this petitioner in the year 2019. Thereafter, it is
Patna High Court CR. MISC. No.3162 of 2026(5) dt.22-06-2026
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alleged that informant was subjected to torture and cruelty due
to non-fulfillment of demand of dowry.
5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the informant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 5000/-per
month to the informant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
5000/- per month to the informant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Bettiah,
West Champaran in connection with Sikta P. S. Case No. 117 of
2025, subject to the conditions laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita as well as on the
Patna High Court CR. MISC. No.3162 of 2026(5) dt.22-06-2026
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following conditions:-
‘(1) Informant would file an affidavit before the court
below and bring on record her savings bank account number for
its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the informant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance or connected
proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.’
(Prabhat Kumar Singh, J)
Navya/-
U T
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