Patna High Court
Shakil Khan @ Sakila KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, the parties have settled their dispute and the cruelty allegation is vague, thus granting bail to the petitioner subject to statutory conditions.
Summary
The petitioner, Shakil Khan, was named in an FIR for offences under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act, alleged to have subjected the complainant to mental and physical cruelty for not meeting a dowry demand of a motorcycle. The petitioner’s counsel argued that both parties are Muslims who have dissolved their marriage under personal law, rendering the cruelty allegation vague and general. The opposing party failed to appear despite being served notice. The court observed that, prima facie, the parties appear to have settled their dispute and the cruelty claim lacks specificity. Consequently, the court ordered the petitioner’s release on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the CrPC. The bail order was conditioned on the petitioner surrendering within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Section 498A IPC and Section 3 Dowry Prohibition Act.
- Whether the alleged cruelty claim is sufficiently specific to deny bail, given the parties’ alleged dissolution of marriage under personal law.
- Whether the non‑appearance of the complainant affects the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A IPC
- Dowry Prohibition Act
- personal law
- dissolution of marriage
- mental and physical cruelty
- CrPC Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51360 of 2024
Arising Out of PS. Case No.-409 Year-2021 Thana- MASHRAK District- Saran
======================================================
Shakil Khan @ Sakila Khan S/o Anwar Khan Village- Arna (Muslim tola),
P.S. - Mashrakh, Distt. - Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nashima Khatoon D/o Mafiz Khan R/o vill - Sonauli, P.S. - Mashrakh, Distt
- Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 02-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Mashrakh P.S.
Case No. 409 of 2021 registered for the offences
punishable under Sections 498A of IPC alongwith Secion
¾ of D.P. Act.
3. The allegation against petitioner is commit
mental and physical cruelty upon informant/ O.P. No. 2
due to non-fulfillment of demand of dowry as raised for
one motorcycle.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.51360 of 2024(4) dt.02-02-2026
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on behalf of the petitioner that both parties are Muslim
and as per their personal law they dissolved their
marriage. In support of submission learned counsel drawn
attention of this Court towards Annexure-3 of the present
bail petition which suggest prima-facie that parties
dissolved their marriage as per their personal law. It is
submitted that even the allegation of committing mental
and physical cruelty appears very much general and
omnibus against this petitioner.
5 Learned APP opposes the prayer of bail.
6. As per office report dated 21.01.2026, notice
as issued by this Court to O.P. No. 2 was served validly
but despite of same she failed to join present pending
proceedings.
7. In view of aforesaid factual submission and by
taking note of fact as prima-facie parties settle their
disputes, where mental and physical cruelty as alleged
appears very much general and omnibus in nature,
accordingly petitioner above-named, in the event of his
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arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned JM 1 st Class, Saran at
Chapra /concerned Court, where the case is pending in
connection with Mashrakh P.S. Case No. 409 of 2021,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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