Patna High Court
Md. Hatim @ Hatim Alam @ Md. Hatim AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.