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Patna High Court

Md. Sameer AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and specific conditions for monthly maintenance payments.

Summary

The petitioner, Md. Sameer Ali, was accused of offences under the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act following allegations of dowry-related cruelty by his wife. He applied for anticipatory bail, asserting his willingness to provide monthly maintenance of Rs. 3,000 to the informant. The court noted that mediation had failed and considered the petitioner’s undertaking. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail, imposing a bail bond of Rs. 10,000 with two sureties and conditions for monthly payments. The bail may be cancelled if the petitioner defaults for two consecutive months, and the order does not preclude resolution through matrimonial or maintenance proceedings.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the Bharatiya Nagarik Suraksha Sanhita in view of the alleged dowry harassment offences?
  • Whether the petitioner’s undertaking to pay monthly maintenance influences the court’s decision on bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • mediation failure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5265 of 2026
                  Arising Out of PS. Case No.-23 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Md. Sameer Ali Son of Late Zaheer Alam Resident of Village- Ward No 26,
                 Mirza Tola, PS- Bagha, Distt- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sogara Khatoon Daughter of Late Isha Khurashi Resident of Village- Ward
                 No 26, Mirza Tola, PS- Bagha, Distt- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rohit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, A.P.P.
                 Fro the Informant        :       Mr. Shahbaj Alam, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   23-06-2026                     Earlier, vide order dated 06.04.2026, the matter was

                   referred to the Mediation and Conciliation Centre, Patna High

                   Court, Patna, but as per the Mediator’s Report (flag ‘M’), the

                   mediation has failed.

                                2. Heard learned counsel for the parties.

                                3. The petitioner apprehends arrest in a case registered

                   for the offences punishable under Sections 126(2), 115(2), 85,

                   89, 352, and 3(5)of the Bharatiya Nyaya Sanhita and Section 4

                   of the Dowry Prohibition Act.

                                4. As per prosecution case, marriage of informant was

                   solemnized with this petitioner in the year 2024. Thereafter, it is

                   alleged that Informant was subjected to torture and cruelty due
Patna High Court CR. MISC. No.5265 of 2026(4) dt.23-06-2026
                                            2/3




          to non-fulfillment of demand of dowry.

                       5. Learned counsel for the petitioner, while denying

          the allegations levelled against him, submits that petitioner, who

          is husband of the informant, is ready to keep her with honour

          and safety. Besides this, petitioner is ready to give Rs. 3000/-per

          month to the informant by way of temporary relief/solace,

          starting from this month, subject to any order passed in

          matrimonial, maintenance or connected proceedings.

                       6. In view of the aforesaid undertaking of learned

          counsel for the petitioner that petitioner is ready to give Rs.

          3000/- per month to the informant by way of temporary

          relief/solace, starting from this month, this anticipatory bail

          application is allowed.

                       7. Let the above-named petitioner, in the event of

          arrest/surrender within a period of eight weeks from today, 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 Sub-Divisional Judicial Magistrate, Bagaha, West

          Champaran in connection with Mahila (Bagaha) P. S. Case No.

          23 of 2025, subject to the conditions laid down under Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on

          the following conditions:-
          Patna High Court CR. MISC. No.5265 of 2026(4) dt.23-06-2026
                                                      3/3




                                 ‘(1) Informant would file an affidavit before the court

                    below and bring on record her savings bank account number for

                    its communication to the petitioner.

                                 (2)    Petitioner       would          deposit   the   aforesaid

                    maintenance amount per month in the savings bank account of

                    the Informant.

                                 (3) In case, the petitioner fails to deposit the

                    maintenance 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)
Navya/Sanjay

U     T


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