Patna High Court
Ahmad Ali @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court confirmed the provisional bail, finding the complaint to be motivated by the petitioner’s second marriage and the assault allegations doubtful.
Summary
The petitioner, Ahmad Ali, was named in a criminal complaint filed by his wife Shabnam Perween alleging cruelty, dowry demand of Rs. 5 lakh, and physical assault. The complaint was lodged on 4 October 2024, about 15 days after the alleged incident, without an injury report and with no marriage date mentioned initially. The petitioner contended that the complaint was motivated by his second marriage, which he claimed was permissible under Muslim personal law, and that the allegations of assault were vague and unsupported. The State and the complainant argued that the dowry demand and assault were genuine, citing the petitioner’s alleged demand and his marriage to a second woman. The court examined the delay, lack of medical evidence, and the context of the second marriage, concluding that the complaint appeared to be filed to harass the petitioner and that the assault allegations were doubtful. Consequently, the court confirmed the provisional bail previously granted to the petitioner.
Issues considered
- Whether the criminal complaint alleging cruelty, dowry demand, and assault is bona fide.
- Whether the delay in filing the complaint and absence of injury report affect the credibility of the allegations.
- Whether the petitioner’s second marriage under Muslim personal law justifies the complaint.
- Whether provisional bail should be confirmed in light of the facts.
Legislation cited
- Dowry Prohibition Act — s. 4
Subjects
- dowry harassment
- cruelty
- provisional bail
- second marriage
- personal law
- injury report
- criminal complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35135 of 2025
Arising Out of PS. Case No.-1486 Year-2024 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Ahmad Ali @ Sonu S/o Late Nabi Hussain R/o Mohalla- Mangla Gauri,
Vetarni Talab, P.S.- Vishnupad, Distt.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shabnam Perween W/o Md. Sonu @ Ahmad Ali, D/o Salim Rangasaz R/o
Mohalla- Mangla Gauri, Vetarni Talab, P.S.- Vishnupad, Distt.- Gaya At
present address Bichli Masjid, Gewal Bigha, P.S.- Rampur, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Adv
For the Opposite Party/s : Mr.Pranav Kumar, APP
For the O.P. No. 2 : Mr. Vyas Kr. Mishra, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 05-01-2026 Heard the parties.
2.The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Complaint Case No.
1486 of 2024 registered for the offences punishable under
Sections 85, 82(i), 115(2), 118(i), 303(2), 305, 352, 351(2) and
315 of the BNS and Section 4 of the D.P. Act.
3. As per complaint petition the cruelty was alleged to
be committed upon O.P. No. 2 by petitioner and his family
members due to non-fulfillment of dowry.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the present complaint was filed on
04.10.2024 with delay of about 15 days without explaining
Patna High Court CR. MISC. No.35135 of 2025(5) dt.05-01-2026
2/3
reasons and also the complaint suggest that petitioner left her
matrimonial home on her own on 20.09.2024 in early morning. It
is pointed out that allegation of physical assault was only raised to
aggravate the allegation without specifying any date. It is pointed
out that in complaint petition date of marriage is nowhere
mentioned whereas upon court question only, it was stated by
complainant that her marriage was solemnized with petitioner on
25.12.2015. Arguing further, it is submitted that as petitioner
solemnized second marriage during subsisting of his first marriage
with complainant as per his personal law, the present complaint
case was filed with false allegation of cruelty and demand of
dowry. It is submitted that even the allegation of demand of dowry
is available against all family members including in-laws and
petitioner. While concluding arguments, it is submitted that no
injury report in support of allegation that complainant was brutally
assaulted by petitioner and his family members appears available
on record, which further creates doubt qua allegations.
5. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that
petitioner being husband demanded dowry of Rs. 5 lakhs and
during subsisting his marriage with complainant he solemnized
marriage with one Seema Khatoon @ Kumkum daughter of Md.
Patna High Court CR. MISC. No.35135 of 2025(5) dt.05-01-2026
3/3
Majid, however, he conceded that parties are Muslims and same is
permitted as per their personal law.
6. In view of aforesaid factual submission and by taking
note of fact as primarily present criminal complaint appears to be
lodged for the reason that petitioner solemnized second marriage
in terms of his personal law and allegation of brutal assault also
appears doubtful in want of injury report, accordingly the
provisional bail as granted to the appellant by learned Co-ordinate
Bench of this Court vide order dated 04.06.2025 is hereby
confirmed, with same bailors and bond.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
Checking your session…