Patna High Court
Md. Shahjad @ Md. Sahjad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties and continued maintenance payments.
Summary
The petitioner, Md. Shahjad Alam, was implicated in a complaint (No. 741 of 2022) alleging assault and torture of the complainant for dowry demands, invoking Sections 498A and 323 of the IPC and Section 3 of the Dowry Prohibition Act. He contended his innocence and highlighted that, pursuant to a prior order dated 19.02.2026, he was already paying a monthly maintenance of Rs.10,000 to the complainant. The State and the complainant opposed his anticipatory bail, noting a separate maintenance suit pending before the Family Court. The High Court, after considering the nature of the allegations and the petitioner’s compliance with maintenance, granted anticipatory bail subject to a bond of Rs.10,000, two sureties of equal amount, and a condition to continue the maintenance payments until the family court case is resolved. Additionally, the Court directed the Family Court to prioritize the maintenance matter and resolve it within three months, emphasizing that its observations were prima facie and not a determination on the merits of the criminal case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under Sections 498A, 323 IPC and Section 3 of the Dowry Prohibition Act.
- Whether the petitioner’s ongoing maintenance payments affect the grant of bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- maintenance
- Criminal Procedure Code
- Section 482
- family court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40316 of 2025
Arising Out of PS. Case No.-741 Year-2022 Thana- COMPLAINT CASE - HILSA District-
Nalanda
======================================================
Md. Shahjad @ Md. Sahjad Alam S/o Late Vakil Ahmed R/o Shakin Pilkhi,
P.S.- Khudaganj, District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. Farzana Khatoon W/o Md. Shahjad At present resident of Shakin Pilkhi,
P.S.- Khudaganj, District- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashwat Pratyush
For the Opposite Party/s : Mr. Mr. Jitendra Kumar Singh, Ld. App
Mr. Garari Mukharjee
Mr. Ajay Mukherjee
Mr. Shambhu Sharan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 18-06-2026 Heard the learned counsel for the petitioner, the
learned APP for the State and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 741 of 2022 in which cognizance has been
taken under Sections 498A and 323 of Indian Penal Code and
Section ¾ of the D Act.
3. As per the prosecution case, the petitioner and other
accused persons are alleged to have assaulted and tortured the
complainant on account of non-fulfillment of demand for dowry.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
Patna High Court CR. MISC. No.40316 of 2025(8) dt.18-06-2026
2/3
It is further submitted that pursuant to the order dated
19.02.2026 passed by this Court, the petitioner is regularly
paying a sum of Rs.10,000/- per month towards maintenance to
the complainant.
5. Learned APP for the State and the learned counsel
for the O.P. No. 2 have vehemently opposed the prayer for bail.
It is submitted by the learned counsel for the O.P. No. 2 that a
maintenance case has been filed by the O.P. No. 2 in the Court
of Principal Judge, Family Court, Nalanda at Biharsharif.
6. Having regard to the nature of accusation, the
submissions advanced on behalf of the parties and the facts and
circumstances of the case, this application for anticipatory bail
stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Complaint Case No. 741 of 2022 subject to the conditions as
laid down under Section 482(2) of the BNSS and with a further
condition that the petitioner shall regularly pay the maintenance
Patna High Court CR. MISC. No.40316 of 2025(8) dt.18-06-2026
3/3
amount of Rs. 10,000/- (Rupees Ten Thousand only) per month
to the complainant until the final disposal of the Maintenance
Case pending before the Court of the Principal Judge, Family
Court, Nalanda at Biharsharif.
8. The Principal Judge, Family Court, Nalanda at
Biharsharif is directed to hear the maintenance case filed by the
O.P. No. 2 on a priority basis and decided the same
expeditiously, preferably within a period of three months from
the date of receipt/communication of a copy of this order.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
10. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Nalanda at Biharsharif
through FAX or e-mail for immediate compliance.
(Sandeep Kumar, J)
Shishir/-
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