Patna High Court
Nadim Sarwar @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 313, 323, 34, 341, 380, 498A, 504, 506, 511
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
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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
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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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