Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted with a bond and conditions, including a monthly payment to the complainant, subject to compliance with the Cr.P.C. and B.N.S.S. provisions.
Summary
Md Aslam, husband of Muskan Khatoon, was charged in a complaint case under multiple IPC sections (323, 341, 307, 406, 494, 498A, 504, 506) and Sections 3 and 4 of the Dowry Prohibition Act for alleged torture and dowry harassment. He denied the allegations but offered to pay Rs.3,000 per month as temporary relief to his wife. The court, after mediation failed, considered his request for bail. Relying on Section 438(2) of the Cr.P.C. and Section 482 of the B.N.S.S., the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions including the monthly payment, an affidavit by the wife, and possible cancellation for non‑payment. The order also stipulated that the payment would be subject to any future matrimonial or maintenance orders.
Issues considered
- Whether bail can be granted to the accused in a dowry harassment case under Section 438(2) Cr.P.C. and Section 482 B.N.S.S.
- Whether the court may impose a condition that the accused deposit a monthly amount to the alleged victim as part of bail.
Legislation cited
- B.N.S.S. — s. 482
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 323, 341, 406, 494, 498A, 504, 506
Subjects
- bail
- dowry harassment
- IPC
- Cr.P.C.
- mediation
- temporary relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4542 of 2026
Arising Out of PS. Case No.-165 Year-2024 Thana- COMPLAINT CASE - ROSERA
District- Samastipur
======================================================
Md. Aslam S/o- Md. Kasim Village- Patpara Ward No- 4 PS- Bibhutipur
Distt- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Muskan Khatoon (Khatun) W/o- Md. Aslam, D/o- Md. Mojim Village-
Patpara Ward No- 4 PS- Bibhutipur Distt- Samastipur, P/A- Rahua W.No- 5,
Ps- Rosera Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Khushi Awadh, Advocate
For the State : Mrs.Veena Kumari Jaiswal, APP
For the OP-2 : Mr. Rohit Kumar & Mr. Manish Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case filed under Sections
323, 341, 307, 406, 494, 498(A), 504 and 506 of the Indian
Penal Code and Section 3/4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.4542 of 2026(4) dt.08-07-2026
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4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 learned S.D.J.M., Samastipur in
connection with Complaint Case No. 165 of 2024, subject to the
conditions laid down under section 438(2) of the Cr.P.C. /
Section 482 of the B.N.S.S. as well as on the following
conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
Patna High Court CR. MISC. No.4542 of 2026(4) dt.08-07-2026
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savings bank account number for its
communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
the bail-bond.
(4) 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)
anay
U T
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