Patna High Court
Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted subject to a Rs. 10,000 bond, two sureties, and a mandatory monthly maintenance payment of Rs. 6,000.
Summary
The petitioner, Md. Danish, was arrested in connection with a criminal case alleging cruelty, dowry harassment, and assault under various IPC provisions and the Dowry Prohibition Act. He contended that the allegations were vague and that he intended to dissolve his marriage, offering to pay Rs. 6,000 per month as maintenance to his wife, Afsarina Khatoon. The court noted the petitioner’s willingness to provide financial support and the acceptance of the first payment in court. Accordingly, the court granted bail on the condition that the petitioner furnishes a bail bond of Rs. 10,000 with two sureties and continues the monthly maintenance payments. Failure to pay the maintenance for two consecutive months would result in cancellation of the bail bond, and the bail conditions remain in force until the family court resolves the maintenance matter.
Issues considered
- Whether bail should be granted to the petitioner despite serious allegations under IPC and the Dowry Prohibition Act
- Whether the petitioner’s undertaking to pay maintenance can be a condition for bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 143, 323, 341, 354, 498A, 504, 506
Subjects
- bail
- dowry harassment
- cruelty
- maintenance
- criminal procedure
- IPC
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34255 of 2025
Arising Out of PS. Case No.-261 Year-2024 Thana- SATHI District- West Champaran
======================================================
Md. Danish S/o Gyasuddin Maulana R/o Village- Sathi, P.S.- Sathi,
District- West Champaran.
... ... Petitioner
Versus
1. The State of Bihar
2. Afsarina Khatoon W/o Md. Danish D/o Murtuja Ansari, R/o Village-
Sathi Ward No., 10, P.S.- Sathi, District- West Champaran at present
Bakuchia, P.S.- Shanichari, District- West Champaran
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Raki Alam, Advocate
For the State : Mr.Nawal Kishore Prasad, APP
For the O.P. No.2 : Mr. Umesh Pd. Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State duly assisted by learned counsel for the
informant/O.P. No.2.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Sathi P.S. Case
No. 261 of 2024 registered for the offences punishable under
Sections 341, 323, 354, 498A, 504, 506, 143 of the Indian
Penal Code and Section ¾ of the Dowry Prohibition Act.
3. The allegation against the petitioner is to commit
cruelty upon the informant/O.P. No. 2 due to non-fulfillment
of demand of dowry as raised for a cash of Rs. Five Lakhs and
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one Apache Motorcycle. It is also alleged that the
informant/O.P. No. 2 was assaulted badly during course of
occurrence by the petitioner/husband and his family
members, who are also named accused persons.
4. Learned counsel appearing on behalf of the
petitioner submitted that allegation qua physical assault and
demand of dowry is appearing very much general and
omnibus in nature as to implicate the entire family members
of petitioner with oblique motive. The informant made
fourteen (14) family members of the petitioner as accused in
the present case.
5. It is submitted that petitioner is not willing to
continue his matrimonial relationship with the informant/O.P.
No. 2 due to her violent behaviour and, moreover, he decided
to dissolve his marriage in accordance with their personal law,
but fairly conceded that till date his marriage with O.P. No. 2
is existing.
6. In this context, it is submitted that petitioner
undertake to pay Rs. 6000/- per month to the informant/O.P.
No. 2 without fail for her maintenance till any direction of the
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concerned Family Court to save the informant/O.P. No. 2
from destitution.
7. The petitioner is also appearing in-person, who also
affirmed and undertake before the Court that he will pay Rs.
6000/- per month the informant/O.P. No. 2, which the
informant/O.P. No. 2 namely, Afsarina Khatoon, also agreed
for.
8. Learned A.P.P. for the State is present.
9. Learned counsel appearing for the informant/O.P.
No. 2 has endorsed the submission as advanced by learned
counsel for the petitioner.
10. In view of the aforesaid submission and by
considering the nature of allegation and also as petitioner has
undertaken to pay Rs. 6000/- per month to the
informant/O.P. No. 2 till outcome of the maintenance
proceeding before the competent family court, 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
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to the satisfaction of learned Judicial Magistrate - 1 st Class,
Bettiah, West Champaran/concerned court in connection with
Sathi P.S. Case No. 261 of 2024, 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.”).
11. In view of aforesaid undertaking of the petitioner,
petitioner has handed over Rs. 6000/- in cash to the
informant/O.P. No. 2, which she accepted in presence of their
learned counsel in Court for the month of January, 2026 and,
further, petitioner is directed to pay Rs. 6,000/- (Rs. Six
Thousand only) per month from the month of February, 2026
onwards on or before the 10th day of every calendar month to
the bank account of informant/O.P. No. 2, which is already
available with the petitioner.
12. If the petitioner fails to pay the aforesaid amount
on two consecutive dates to the informant/O.P. No. 2, his bail
bond shall be cancelled.
13. It is made clear that the aforesaid condition shall
remain operational till outcome of the maintenance
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proceeding pending before the learned Family Court or any
final compromise arrived between the parties before the
learned trial court in pending proceeding.
14. Accordingly, this application stands disposed off.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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