Patna High Court
Muzahir AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court allowed the modification, extending the surrender period by four weeks and directing payment of arrears while keeping other conditions unchanged.
Summary
Muzahir Alam sought relief fearing arrest in a dowry‑related complaint (Case No. 79 of 2023) alleging offences under several IPC sections and the Dowry Prohibition Act. He had been granted anticipatory bail on 18‑Nov‑2025 with a condition to pay Rs 3,000 per month as interim maintenance to the complainant, Soni Begum, and to surrender within four weeks. Owing to a miscommunication, he failed to surrender within the stipulated period. He filed a modification application requesting an extension. The Patna High Court extended the surrender period by another four weeks, ordered payment of the arrear amount at the time of furnishing the bail bond, and kept all other conditions unchanged. The modification application was disposed.
Issues considered
- Whether the time granted for surrender and furnishing the bail bond under anticipatory bail can be extended
- Whether the conditions of the anticipatory bail order can be modified in view of the petitioner’s failure to surrender
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 313, 323, 325, 34, 498-A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- modification of bail conditions
- IPC
- Dowry Prohibition Act
- interim maintenance
- surrender
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3762 of 2026
In
CRIMINAL MISCELLANEOUS No.34930 of 2025
Arising Out of PS. Case No.-79 Year-2023 Thana- COMPLAINT CASE District- Kishanganj
======================================================
Muzahir Alam S/O Late Idrish R/O Village- Simalbari, P.S. and Dist.-
Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Soni Begum @ Soni Praveen @ Maryam Khatoon W/O Muzahir Alam, D/O
Maksood Alam R/O Village- Simalbari, P.S. and Dist.- Kishanganj,
Presently R/O Village- Pathkoi, P.S.- Kochadhaman, and Dist.- Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 30-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 79 of 2023, registered for the offences
punishable under Sections 323/325/498-A/313/506/504/34 of
the I.P.C. and Section 3/4 of D.P. Act.
3. According to allegation, the marriage of the
petitioner was solemnized with the complainant on 20.12.2019.
It has been alleged that the petitioner and his family members
demanded Rs. 5 Lakhs as dowry and that she was tortured
physically and mentally and ousted from the matrimonial house
due to non-fulfillment of the demand of dowry.
4. The petitioner was granted anticipatory bail vide order
Patna High Court CR. MISC. No.3762 of 2026(2) dt.30-01-2026
2/2
dated 18.11.2025 passed in Cr. Misc. No. 34930 of 2025. While
allowing the petitioner’s prayer for anticipatory bail, it was observed
that the petitioner shall pay a sum of Rs. 3,000/- per month as interim
maintenance to Opposite Party No. 2 (the complainant).
5. The learned counsel for the petitioner has submitted
that due to miscommunication, the petitioner could not surrender
before the court below within the stipulated period of four weeks.
6. Considering the facts and circumstances, the application
is allowed and the time granted by order dated 18.11.2025 for
surrender of the petitioner and furnishing bail bond is extended by
four weeks from today. The petitioner has to pay the arrear amount at
the time of furnishing of the bail bond.
7. The rest of the conditions shall remain the same as
mentioned in the order dated 18.11.2025 passed in Cr. Misc. No.
34930 of 2025.
8. The present modification application stands disposed
of.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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