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Patna High Court

Faiyaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond, sureties and a monthly maintenance payment.

Summary

The petitioner, Faiyaz Alam, was implicated in a dowry harassment case (Garkha P.S. Case No. 494 of 2024) alleging dowry demand, torture and eviction of his wife. He contended that no dowry was demanded, he was falsely implicated, and offered to pay Rs 3,000 per month as living expenses to the wife. The wife claimed the petitioner had taken a second marriage, left her starving, and accepted the monetary offer. The court, after hearing both sides and noting the acceptance of the maintenance offer, decided to grant anticipatory bail to the petitioner. The bail was conditioned on a Rs 10,000 bond with two sureties and a mandatory monthly payment of Rs 3,000 to the wife, under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry harassment case pending arrest.
  • Whether the petitioner’s offer to pay maintenance influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • Section 482
  • criminal procedure
  • marital dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3909 of 2025
                        Arising Out of PS. Case No.-494 Year-2024 Thana- GARKHA District- Saran
                 ======================================================
                 Faiyaz Alam Son of Moinuddin @ Moin Ahmad Resident of Village - Pohiya,
                 P.S. - Garkha, District - Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Rukhsana Praveen Wife of Faiyaz Alam, Daughter of Imamuddin Resident
                 of Village - Dakhan Purab Tola, P.S. - Isuapur, District - Saran at Chapra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s        :       Mr.Dinesh Singh
                                                         Mr. Rananjay Kumar, Advocate
                                                         Mr. Sunit Kumar, Advocate
                                                         Mr. Arif Daula Siddiquie, Advocate
                                                         Mr. Aoumaan Ahmad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

8   11-02-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Garkha P.S. Case No. 494 of 2024 dated 07.08.2024 registered

                   for the offence punishable under Sections 126(2), 115(2), 85,

                   352, 3(5) of the B.N.S. and Section ¾ of the D.P. Act.

                       3. The prosecution case in short is that the marriage of the

                   informant was solemnized with the petitioner according to

                   Muslim rites and rituals on 02.06.2021. It is alleged that after

                   02-04 days of the marriage the accused persons including the

                   husband started demanding dowry of Rs. 2,00,000/- and one

                   Scorpio vehicle and due to non fulfillment of the demand, the
Patna High Court CR. MISC. No.3909 of 2025(8) dt.11-02-2026
                                            2/4




          accused persons subjected the informant to mental and physical

          torture and lastly the informant was ousted from her matrimo-

          nial home.

              4. Learned counsel for the petitioner submits that petitioner is

          innocent and he has not committed any offence in the manner

          alleged and has falsely been implicated in this case. He further

          submits that neither any dowry demand has been made from the

          informant by the petitioner or any of his family members nor the

          informant has been subjected to any type of assault or torture at

          any point of time. He next submits that the fact of the matter is

          that neither the informant is capable of giving birth to a child

          nor she is having any behaviour or physical appearance like a

          lady and concealing all these facts and the actual gender of the

          informant the parents of the informant have got performed her

          marriage with the petitioner. However, without prejudice to the

          right and contention of the petitioner and in order to maintain

          harmony in the family, the petitioner undertakes to pay a sum of

          Rs. 3,000/- per month to the Opposite Party No. 2 as “living

          cost” subject to final outcome of the present case as well as

          matrimonial case and / or maintenance case filed and decided

          between the parties.

              5. Learned counsel for the informant / Opposite Party No. 2
Patna High Court CR. MISC. No.3909 of 2025(8) dt.11-02-2026
                                            3/4




          submits that petitioner has performed second marriage and is

          living with his second wife and the informant / Opposite Party

          No. 2 is at the verge of starvation. However, he accepts the

          offer so made by learned counsel for the petitioner and

          submits that the petitioner may be directed to deposit the said

          amount of Rs. 3,000/- per month in the bank account of the in-

          formant / Opposite Party No. 2, details of which shall be

          furnished by learned counsel for the Opposite Party No. 2 to

          learned counsel for the petitioner within ten days from today.

              6. After having heard learned counsel for the parties and

          taking into consideration the materials on record and the fact

          that offer made by learned counsel for the petitioner has been

          accepted by learned counsel for the Opposite Party No. 2, as

          such, I am inclined to grant privilege of anticipatory bail to the

          petitioner.

              7. Let the petitioner, above named, in the event of his arrest /

          surrender before the learned court below within a period of six

          weeks from today be released on anticipatory bail on furnishing

          bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate-IV, Saran at Chapra in connection with

          Garkha P.S. Case No. 494 of 2024 subject to the condition as
               Patna High Court CR. MISC. No.3909 of 2025(8) dt.11-02-2026
                                                           4/4




                         laid down under Section 482(2) of the B.N.S.S. as well as the

                         following condition:-

                                       (i) that the petitioner shall deposit a sum of

                                Rs. 3,000/- per month in the bank account of the

                                Opposite Party No. 2 positively by the 7 th day of

                                every month starting from the month of March, 2026.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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