Patna High Court
Hazim SulaimanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to the stipulated conditions.
Summary
Petitioner Hazim Sulaiman feared arrest in a dowry‑related case (PS Gaunaha Case No. 109 of 2024) involving offences under Sections 341, 323, 379, 420, 498(A), 313, 34 of the IPC and Section 3 of the Dowry Prohibition Act. The prosecution alleged he assaulted the victim to demand dowry. The petitioner claimed innocence and asserted that the dispute had been settled, with a payment of Rs. 10 lakh to the informant, a fact corroborated by the informant’s counsel. The court, noting the settlement, allowed the bail application. It ordered that if the petitioner is arrested or surrenders within eight weeks, he shall be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the CrPC.
Issues considered
- Whether the settlement between the parties warrants the grant of bail to the petitioner.
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 despite the pending charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Dowry Prohibition Act, 1961 — s. 3
- Indian Penal Code — s. 313, 323, 34, 341, 379, 420, 498
Subjects
- bail
- settlement
- dowry harassment
- assault
- Criminal Procedure
- Indian Penal Code
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37899 of 2025
Arising Out of PS. Case No.-109 Year-2024 Thana- GAUNAHA District- West Champaran
======================================================
Hazim Sulaiman S/O Qamaruzzaman Khan @ Kamruzya Khan Resident of
village- Mathiya, PS- Ramnagar, Dist.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md Firoz Alam S/O Nurul Hoda Resident of village- Parsa, PS- Gaunaha,
Dist.- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vatsal Verma
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 19-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Gaunaha P.S. Case No. 109 of 2024 registered
for the offence under Section 341, 323, 379, 420, 498(A), 313
read with Section 34 of the Indian Penal Code and under
Section ¾ of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioner is
said to have assaulted the victim for demand of dowry.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the matter
Patna High Court CR. MISC. No.37899 of 2025(7) dt.19-02-2026
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has been settled between the parties and as per the terms of
settlement Rs. 10 lakhs has been paid to the informant.
5. Learned counsel Mr. Raki Alam on behalf of Mr.
Sujeet Kumar, who appears in this case on behalf fo the
informant, has supported the fact of settlement between the
parties.
6. Considering the fact that the matter has been
settled between the parties, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
eight weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Bettiah, West Champaran/concerned Court
below in connection with Gaunaha P.S. Case No. 109 of 2024 /
G.R. No. 3302 of 2024, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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