Patna High Court
Md. GaffarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to strict conditions, under Section 438(2) of the CrPC.
Summary
The petitioner, Md. Gaffar, sought anticipatory bail after a complaint under Section 498A of the IPC was lodged by his wife, Farida Khatoon, alleging dowry harassment and her subsequent ouster from the marital home. The prosecution alleged that the marriage took place in 2019 and that the petitioner continuously demanded dowry, leading to the complaint. The petitioner feared arrest and applied for anticipatory bail, while the complainant reserved the right to oppose the bail if the petitioner misbehaved. The High Court examined whether the circumstances warranted the grant of anticipatory bail under Section 438 of the CrPC. Considering the petitioner’s willingness to cooperate with the investigation and the complainant’s reservation of rights, the Court granted anticipatory bail with stringent conditions. The order directed the petitioner to appear before the police and trial court as required and imposed conditions to prevent tampering with evidence or further offences.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 of the CrPC in a case filed under Section 498A IPC?
- Whether the conditions imposed by the Court are sufficient to safeguard the investigation and the complainant’s interests?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Criminal Procedure Code
- marital dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54812 of 2025
Arising Out of PS. Case No.-806 Year-2022 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
Md. Gaffar S/O Md. Hassim R/O Village- Chandpura, Rasulpur, PS- Desari,
District- Vaishali, State- Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Farida Khatoon R/O Madhopur Gazapatti, PS-Desari, Distt-Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitoiner and the State
as also the informant.
2. The petitioner is apprehending arrest in connection
with Complaint Case No. 806 of 2022 instituted under Section
498(A) of the Indian Penal Code lodged by the complainant,
Farida Khatoon.
3. As per the prosecution story, the complainant
alleged that the marriage took place in the year 2019 but she
was always tortured for dowry and finally was ousted from the
home which led to the present case.
4. Earlier, the coordinate bench issued notice and
pursuant thereto, the opposite party no.2 has come. Both the
sides have shown their inclination to continue their marital
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journey, in that background, this Court expects the husband to
visit the house of the complainant by 26.03.2026 and shall be
taking her to his home.
5. It is expected that he will keep his wife with full
dignity and honour.
6. In that background, this Court is inclined to extend
him the privilege of anticipatory bail. However, the complainant
is allowed to reserve her right to take steps for cancellation of
bail bonds, if the the petitioner behaves in a different manner.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Complaint Case No.
806 of 2022 to the satisfaction of learned Judicial Magistrate-1st
Class, Vaishali subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
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station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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