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Patna High Court

Md. Hatim @ Hatim Alam @ Md. Hatim AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified conditions, including monthly maintenance payments.

Summary

The petitioner, Md. Hatim Alam, was accused in a criminal case under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act for alleged cruelty and dowry demands. The petitioner applied for anticipatory bail, claiming apprehension of arrest and offering to pay a monthly maintenance of Rs.5,000 to the complainant. Mediation ordered earlier had failed due to the non‑appearance of the complainant’s wife. The Court, noting the petitioner’s undertaking to provide maintenance, allowed the anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions including deposit of the maintenance amount in the complainant’s bank account and cancellation of bail for non‑payment for two consecutive months. The order also stipulated that the maintenance would be subject to any future matrimonial or maintenance orders and did not preclude the parties from resolving the matter otherwise.

Issues considered

  • Whether anticipatory bail can be granted in a case punishable under Section 498A IPC and Dowry Prohibition Act.
  • Whether the Court may impose a condition of monthly maintenance as part of anticipatory bail.
  • Effect of failed mediation on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry prohibition
  • maintenance
  • mediation
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3402 of 2026
                 Arising Out of PS. Case No.-985 Year-2020 Thana- PURNIA COMPLAINT CASE District-
                                                         Purnia
                 ======================================================
                 Md. Hatim @ Hatim Alam @ Md. Hatim Alam S/O Abdul Salam @ Salam
                 Alam Resident of Akhitiyarpur, P.S.- Rauta, District- Purnea

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Ishrat Jahan W/O Md. Hatim @ Hatim Alam, D/O Md. Ainul Haque @
                 Kaila Resident of Dharia, P.S.- Amour, District- Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Niharika Rani, Advocate
                 For the Opposite Party/s :     Mr. Awadhesh Kumar Singh, A.P.P.
                 For the O.P. No. 2       :     Ms. Divya Bharti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-06-2026                  Earlier, vide order dated 09.04.2026, 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, due to non-appearance of Opposite Party

                   No. 2.

                                2. Heard learned counsel for the parties.

                                3. The petitioner apprehends arrest in a case registered

                   for the offences punishable under Section 498(A) of the Indian

                   Penal Code and Section 4 of the Dowry Prohibition Act.

                                4. As per prosecution case, marriage of complainant

                   was solemnized with this petitioner in the year 2019. Thereafter,

                   it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.3402 of 2026(4) dt.22-06-2026
                                            2/3




          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 complainant, is ready to keep her with honour

          and safety. Besides this, petitioner is ready to give Rs. 5000/-per

          month to the complainant 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 complainant 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 Chief Judicial Magistrate, Purnea in

          connection with Complaint Case No. 985 of 2020, subject to the

          conditions laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita as well as on the following

          conditions:-
              Patna High Court CR. MISC. No.3402 of 2026(4) dt.22-06-2026
                                                          3/3




                                     ‘(1) Complainant 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 complainant.

                                     (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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