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Patna High Court

Md. Shahjad @ Md. Sahjad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


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