Patna High Court

MD. RAHBARversusTHE STATE OF BIHAR

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to a bond and sureties, as the prima facie allegations were considered general and the complainant failed to join the proceedings.

Summary

The petitioner, Md. Rahbar, was named in a 2022 complaint (Case No. 487) alleging offences under Section 498-A of the IPC for mental and physical cruelty, including assault while intoxicated, allegedly over a demand of Rs. 1 lakh. The petitioner’s counsel argued that the complainant, Bibi Rahila Praveen, was in a third marriage without divorcing previous husbands and that the cruelty allegations were vague and intended to force a marriage, asserting the petitioner’s clean antecedents. The State opposed the bail application, but the complainant (O.P. No.2) failed to appear despite service of notice. The court observed that the prima facie allegations were general and omnibus, and consequently ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS. The order effectively granted bail pending further proceedings in the complaint case.

Issues considered

Whether bail should be granted to the accused in a Section 498-A case where the allegations of cruelty are deemed general and the complainant has not appeared in court.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 498-A

Subjects

bail
Section 498-A
mental cruelty
physical cruelty
marriage law
general allegations
non-appearance of complainant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32544 of 2024
                 Arising Out of PS. Case No.-487 Year-2022 Thana- PURNIA COMPLAINT CASE District-
                                                         Purnia
                 ======================================================
                 MD. RAHBAR SON OF MD. JUMMAN RESIDENT OF GHAT TOLA,
                 HAKKA, P.S. - AMOUR, DISTRICT - PURNEA
                                                            ... ... Petitioner/s
                                             Versus
           1.     THE STATE OF BIHAR
           2.     BIBI RAHILA PRAVEEN WIFE OF MD. RAHBAR, DAUGHTER OF
                  MD. GYAS RESIDENT OF GERIA, P.S. - JALALGARH, DISTRICT -
                  PURNEA
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mrs. Niharika Rani, Adv
                 For the Opposite Party/s :     Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
4   29-01-2026                   Heard the parties.

                                2. The petitioner is named in the complaint and

                   apprehending his arrest in connection with Complaint Case No.

                   487 of 2022 registered for the offences punishable under Sections

                   498-A of the Indian Penal Code.

                                3. As per complaint, petitioner alleged to commit mental

                   and physical cruelty upon complainant due to non-fulfillment of Rs.

                   1 lakh. It is also alleged that petitioner assaulted complainant on

                   several occasions in drunken condition.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that this is a third marriage of complainant

                   and she has not taken divorce from her earlier two husbands. It is

                   submitted that present allegation is only raised to solemnize

                   marriage with petitioner, which is otherwise against personal law
               Patna High Court CR. MISC. No.32544 of 2024(4) dt.29-01-2026
                                                           2/2




                         of the parties and moreover allegation qua committing physical

                         and mental cruelty appears very much general and omnibus in

                         nature. While concluding argument, it is submitted that petitioner

                         is a man of clean antecedent.

                                      5. Learned APP opposes the prayer of bail.

                                      6. Despite valid service of notice, complainant/O.P. No.

                         2 failed to join the present proceedings.

                                      7. In view of aforesaid factual submission and by taking

                         note of fact as prima-facie allegation qua committing physical and

                         mental cruelty appears very much general and omnibus in nature,

                         accordingly petitioner above-named, in the event of 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 J.M. 1 st Class,

                         Purnea/concerned Court, where the case is pending in connection

                         with Complaint Case No. 487 of 2022, subject to the conditions as

                         laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of

                         BNSS.


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

U       T

Continue reading with your account

Checking your session…