Patna High Court
Faiyaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
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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
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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
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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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