Patna High Court
Illiyas Ansari @Md. Iliyas AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted in a dowry harassment case provided the petitioner furnishes a bail bond and complies with conditions ensuring interim financial relief to the victim.
Summary
Illiyas Ansari, husband of Ruby Parveen, was charged under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act for allegedly demanding dowry, assaulting and evicting his wife. He applied for bail, denying the allegations and offering to pay Rs. 3,000 per month as interim relief to his wife. The State and the wife opposed bail, contending that the petitioner had harassed and deprived her of livelihood. The court, noting the petitioner’s undertaking and the wife’s willingness to accept interim relief, granted bail on a Rs. 10,000 bond with two sureties. The bail was conditioned on the wife furnishing an affidavit, the monthly payment of Rs. 3,000, and compliance with any future matrimonial or maintenance orders, invoking Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted in a case involving alleged dowry harassment under Section 498A IPC and Dowry Prohibition Act.
- Whether the court may impose conditions of interim financial relief as part of bail.
- Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita can be invoked to regulate bail conditions in such cases.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- Section 498A
- Dowry Prohibition Act
- criminal procedure
- interim relief
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40143 of 2024
Arising Out of PS. Case No.-92 Year-2023 Thana- KOTHI District- Gaya
======================================================
Illiyas Ansari @Md. Iliyas Ansari S/O Md. Afaque Ansari @Afak Ansari
@Bechan Miyan R/O Village Navratanpur(Vishanpur), P.O. and P.S.
Pratappur, Distt-Chatra(Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ruby Parveen D/O Jahir Ahmad R/O Village-Belwar, P.S. Kothi, Distt-Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 05-02-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Center of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed
(Report kept at flag ‘M’).
2. Heard learned counsel for the petitioner, the State
and the opposite party no.2.
3. The petitioner, who is husband of opposite party
no.2, apprehends arrest in a case registered for the offence
punishable under sections 498A of the Indian Penal Code and
sections 3 & 4 of the Dowry Prohibition Act.
4. Prosecution case in brief is that opposite party no.2
was married with the petitioner in 2023. After marriage, this
petitioner along with other accused persons started demanding
Rs. 2 lacs as dowry and on non-fulfillment of the same they
Patna High Court CR. MISC. No.40143 of 2024(4) dt.05-02-2026
2/3
used to assault and torture her. Lastly, accused persons ousted
opposite party no.2 from her matrimonial house.
5. Learned counsel appearing for the petitioner, while
denying the allegations, submits that the petitioner is innocent
and has falsely been implicated in this case because he happens
to be husband of opposite party no.2. Petitioner is ready to keep
her with honour and safety. Besides this, petitioner is ready to
give Rs. 3000/-per month to opposite party no.2 by way of
temporary relief/solace, starting from this month, subject to any
order passed in matrimonial, maintenance or connected
proceedings.
6. Learned counsel for the State as well as opposite
party no.2 oppose the prayer for bail. Learned counsel for
opposite party no.2 submits that the petitioner, being husband of
opposite party no.2, in connivance with his family members,
subjected her to harassment and cruelty for non-fulfillment of
demand of dowry and also ousted her to her parents’ house. It is
further submitted that she has no means of livelihood and is on
the verge of starvation.
7. In view of the undertaking of learned counsel for
the petitioner as well as condition of opposite party no.2, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, above-named, be enlarged 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
Judicial Magistrate 1st class, Sherghati, Gaya in Kothi Police
Station Case No. 92 of 2023, subject to the conditions laid down
under section 482 of the Bharatiya Nagarik Suraksha Sanhita,
2023 as well as on the following conditions:-
(i) Opposite party no.2. would file an affidavit before
Patna High Court CR. MISC. No.40143 of 2024(4) dt.05-02-2026
3/3
the court below and bring on record her saving bank account
number for its communication to the petitioner.
(ii) Petitioner would deposit the aforesaid interim
relief per month in the saving bank account of the opposite party
no.2.
(iii) In case, petitioner fails to deposit the aforesaid
amount of temporary relief/solace for two consecutive months,
the court below would be at liberty to cancel the bail-bond.
(iv) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance or connected
proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J)
shashi/-
U T
Checking your session…