Created by Fuzzy Cloud

Patna High Court

Nadim Sarwar @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties, and a condition to pay Rs. 3,000 per month to the opposite party.

Summary

The petitioner, Nadim Sarwar, husband of Saika Khatoon, was arrested in a case alleging dowry harassment and multiple offences under the Indian Penal Code and the Dowry Prohibition Act. He denied the allegations but offered to pay a temporary monthly relief of Rs. 3,000 to his wife. The High Court, after mediation failed, considered his bail application under Section 438(2) of the Cr.P.C. and the inherent powers of the court. The court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions including the monthly payment and the possibility of cancellation if payments are missed. The order also stipulated that the payment would be subject to any future matrimonial or maintenance orders.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) of the Criminal Procedure Code in view of the serious offences alleged.
  • Whether the court can impose a condition of monthly monetary relief as part of the bail order.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • Criminal Procedure Code
  • mediation
  • temporary relief
  • maintenance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.45639 of 2025
                      Arising Out of PS. Case No.-465 Year-2023 Thana- SIWAN CITY District- Siwan
                 ======================================================
                 Nadim Sarwar @ Sonu Son of Mohammad Ali Village- Shah Takiya
                 Mohammadpur, P.S-. Pachrukhi, District -Siwan

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Saika Khatoon Wife of Nadim Sarwar @ Sonu Village- makhdum Sarai
                 Mahaviri Path, Post- Siwan, Ps- Siwan town, Dist- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Javed Aslam
                                                  Mrs. Devika Rani
                 For the State            :       Mr. Pramod Kumar Pandey, APP
                 For the OP-2             :       Mr. Ajay Kumar Pandey
                                                  Mrs.Shyama Rani
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   08-01-2026                        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 opposite party

                   no. 2.

                                  3. The petitioner, who is husband of opposite party no.

                   2, apprehends his arrest in a case registered for the offences

                   under Sections 498(A), 341, 323, 307, 313, 511, 504, 506,

                   380/34 of the Indian Penal Code and Sections 3, 4 of the Dowry
Patna High Court CR. MISC. No.45639 of 2025(3) dt.08-01-2026
                                            2/3




          Prohibition Act.

                       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 F.I.R. 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., Siwan in connection

          with Siwan Town (Sarai) P.S. Case No. 465 of 2023, 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.45639 of 2025(3) dt.08-01-2026
                                                       3/3




                                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.