Patna High Court
Mohammad Azam @ Azad @ Md. AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and sureties, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioner, Mohammad Azam, was named in an FIR dated 5 January 2023 for alleged offences under IPC sections 341, 323, 498A, 506, 34 and Section 3 of the Dowry Prohibition Act, relating to a dowry demand of Rs 5 lakh. The FIR was lodged six months after the alleged incident (2 July 2022) and the complaint was described as vague and omnibus, with no injury report filed. The petitioner sought bail, arguing his clean antecedent and the delay and general nature of the allegations. The respondent argued that the petitioner, as husband, had failed to comply with a family‑court maintenance order and was directly responsible for the alleged cruelty. The court, noting the delay, lack of specific evidence and the petitioner’s clean record, granted bail on a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether the six‑month delay in lodging the FIR and the general nature of the allegations justify denial of bail.
- Whether the petitioner is entitled to bail under the inherent powers of the court (Section 482(2) CrPC) in a case involving IPC and Dowry Prohibition Act offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 34, 341, 498, 506
Subjects
- dowry harassment
- IPC offences
- bail
- FIR delay
- family court maintenance
- Criminal Procedure Code
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35011 of 2025
Arising Out of PS. Case No.-4 Year-2023 Thana- BARSOI District- Katihar
======================================================
Mohammad Azam @ Azad @ Md. Azad S/o- Late Mantu Village- Govindpur
Ps- Barsoi Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Maseda Khatoon D/o- Md. Samad R/o- Naya Tola Ps- Abadpur Dist-
Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
For the Informant : Mr. Sanjeev Kr. Singh, Adv.
Mr. F.T. Akhtar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 05-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Barsoi P.S. Case No.
04 of 2023 registered for the offences punishable under
Sections 341, 323, 498A, 506, 34 of the IPC and Section ¾ of
D.P. Act.
3. The allegation against petitioner is to commit
cruelty upon O.P. No. 2/ informant due to non-fulfillment of
demand of dowry as raised for cash of Rs. 5 lakh alongwith
family members who are also named accused persons.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.35011 of 2025(5) dt.05-01-2026
2/3
behalf of the petitioner that with delay of about 6 months the
present FIR was lodged on 05.01.2023 whereas the last
occurrence as alleged in terms of FIR is of 02.07.2022. It is
submitted that even upon perusal of FIR, it appears that the
allegation qua demand of dowry is appearing very much general
and omnibus against this petitioner. It is pointed out that the
false implications can be gathered safely from FIR, that despite
of allegation that informant was badly assaulted by petitioner
and his family members causing severe and serious injury no
injury report was made available on record. While concluding
arguments, it is submitted that above named petitioner is a man
of clean antecedent.
5. Learned APP duly assisted by Ms. Madiha Hashmi
learned counsel for the informant/ O.P. No. 2 while opposing the
prayer of bail submitted that the allegation is specifically
available against petitioner being husband and he is not even
following the order of family court qua maintenance and
therefore the informant and son born of present wedlock are
forced to live in destitution.
6. Taking note of aforesaid submission, it is
resubmitted by learned counsel for the petitioner that he is not
Patna High Court CR. MISC. No.35011 of 2025(5) dt.05-01-2026
3/3
aware about any such order passed by learned Principal Judge,
Family court as submit by learned counsel for the informant,
however, if it is so, it can be raised before appropriate forum for
its compliance.
7. Considering the aforesaid submissions and by
taking note of fact as FIR, in issue, appears lodged with delay of
6 months with general and omnibus allegation qua raising
demand of dowry as discussed aforesaid, 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 SDJM, Katihar /concerned Court,
where the case is pending in connection with Barsoi P.S. Case
No. 04 of 2023, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…