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Patna High Court

Muzahir AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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