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Patna High Court

Md. Mumtaz AlamversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond of Rs.10,000 and two sureties, as the allegations were vague and the informant had remarried.

Summary

The petitioner, Md. Mumtaz Alam, was named in an FIR for offences under IPC sections 323, 341, 504, 498A and Section 3 of the Dowry Prohibition Act, alleging mental and physical cruelty for non‑payment of a Rs.2 lakh dowry demand. He applied for anticipatory bail, contending that the informant had already married another person while still married to him, making the complaint false and the allegations vague. The informant’s counsel admitted the remarriage without a legal dissolution of the existing marriage. The court observed that the allegations were general, omnibus and that the informant’s remarriage undermined the credibility of the complaint. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences under IPC and the Dowry Prohibition Act
  • Whether the allegations of mental and physical cruelty are sufficiently specific to justify arrest
  • Whether the informant’s remarriage affects the credibility of the dowry harassment complaint
  • Applicability of Section 438 Cr.P.C. and Section 482 B.N.S.S. for granting anticipatory bail

Legislation cited

Subjects

  • dowry harassment
  • anticipatory bail
  • mental cruelty
  • physical cruelty
  • IPC
  • Section 498A
  • criminal procedure
  • false complaint
  • marriage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32571 of 2024
                       Arising Out of PS. Case No.-75 Year-2014 Thana- MAHILA PS District- Jamui
                 ======================================================
                 Md. Mumtaz Alam Son of Md. Murtaza Resident of Village- Arha, P.S-
                 Chandradeep ,Dist- Jamui
                                                                    ... ... Petitioner
                                            Versus
           1.     The State of Bihar
           2.     Rokaya Khatun, Daughter of Md. Ekbal And Wife of Md. Mumtaz, Resident
                  of Paternal Village - Adsar, P.S. and District - Jamui, Presently remarried
                  with Aftab Alam, Resident of Village - Chamandiha, P.S. and District -
                  Nawada
                                                                        ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amar Prakash, Advocate
                 For the Opposite Party/s :       Mr.Mohammed Arif,APP
                                                  Mr. Pramod Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   28-01-2026               Heard learned counsel for the petitioner,learned APP

                   for the State and learned counsel for the informant.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Jamui Mahila P.S.

                   Case No. 75 of 2014 registered for the offences punishable

                   under Sections 323, 341, 504, 498A of the Indian Penal Code

                   and Section ¾ of the Dowry Prohibition Act.

                             3. The allegation against the petitioner is to commit

                   mental and physical cruelty upon the informant due to non-

                   fulfillment of demand of dowry as raised for a cash of Rs. Two

                   Lakhs.
Patna High Court CR. MISC. No.32571 of 2024(3) dt.28-01-2026
                                            2/3




                   4. Learned counsel appearing on behalf of the

          petitioner submitted that subsisting present marriage with

          petitioner, the informant solemnized marriage with another

          person with whom she was in love and to dilute her illegal act,

          the present false case was lodged against the petitioner.

                   5. It is submitted that even the allegation of

          demanding dowry and committing mental and physical cruelty

          appears very much general and omnibus in nature. Petitioner

          claimed clean antecedent.

                   6. Learned A.P.P. for the State is present.

                   7. Mr. Pramod Kumar, learned counsel appearing for

          the informant, while opposing the prayer for anticipatory bail

          of the petitioner, fairly conceded that informant already

          solemnized her marriage with another person without getting

          her marriage dissolved with the petitioner in accordance with

          law.

                   8. In view of the aforesaid factual submissions and by

          taking note of the fact as allegation qua mental and physical

          cruelty appearing very much general and omnibus in nature,

          coupled with the fact that informant solemnized marriage with
           Patna High Court CR. MISC. No.32571 of 2024(3) dt.28-01-2026
                                                       3/3




                     another person subsisting her marriage with this petitioner,

                     accordingly, above-named petitioner, in the event of his

                     arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of

                     the like amount each to the satisfaction of learned S.D.J.M.,

                     Jamui/concerned court in connection with Jamui Mahila P.S.

                     Case No. 75 of 2014, subject to the conditions as laid down

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

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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