Patna High Court
Md. Sanaur @ Md. SanauwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Sanaur, was arrested in connection with a complaint under Section 498A IPC alleging dowry harassment and his alleged ouster of his wife, Afreen Perveen, from the matrimonial home. The petitioner pleaded innocence, asserted no dowry demand, and offered to pay Rs. 50,000 to the complainant and comply with a pending maintenance order. The State opposed bail, while the complainant highlighted the petitioner's failure to appear in the maintenance case. The court, noting the parties' willingness for an amicable settlement, granted bail subject to a Rs. 10,000 bond, payment of Rs. 50,000 to the complainant, and several conditions including regular court appearances and non‑interference with witnesses. The bail order was conditioned on compliance with Section 482(2) of the BNSS and other stipulated terms.
Issues considered
- Whether bail should be granted to the accused in a pending 498A dowry harassment case.
- Whether the petitioner's willingness to comply with the maintenance order and pay compensation influences the bail decision.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- Section 498A
- maintenance case
- criminal procedure
- Indian Penal Code
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57313 of 2025
Arising Out of PS. Case No.-405 Year-2024 Thana- COMPLAINT CASE District- Jamui
======================================================
Md. Sanaur @ Md. Sanauwar Son of Late Saud Rizwan @ Late Sahud
Rizwan Resident of Village- Tetarhat, P.S.- Tetarhat, District- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Afreen Perveen Wife of Md. Sanaur Resident of Village- Tetarhat, P.S.-
Tetarhat, District- Lakhisarai village- Neemrang, Ward no. 27 ps- Jamui,
Dist- Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Irshad, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No.2 and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No.405-C/2024 registered for
the offence punishable under Sections 498A of the Indian Penal
Code.
3. The petitioner, who is the husband of the
informant/complainant, is alleged to have ousted her from the
matrimonial home in association with his family members on
account of dowry demands.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
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present case. The petitioner has neither made any dowry
demand nor driven the informant out of her matrimonial home,
nor has he subjected her to any harassment on account of dowry.
It is further submitted that the petitioner is still ready and
willing to keep her with full honour and dignity and undertakes
that he will not commit any physical harassment upon O.P. No.
2. Lastly, it is submitted that the petitioner has no criminal
antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Learned counsel for the complainant/O.P. No. 2
submits that the petitioner has deliberately not entered his
appearance in the maintenance case, in which a distress warrant
was ultimately issued, yet his appearance has still not been
secured.
7. In response, learned counsel for the petitioner
submits that the petitioner is ready to abide by the directions
issued by the Maintenance Court and, to demonstrate his bona
fides, is willing to pay a sum of Rs. 50,000/- to O.P. No. 2 prior
to furnishing the bail bonds. He further undertakes to appear in
the execution case and to comply with the terms that may be
imposed by the executing court for compliance with the
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directions issued in Maintenance Case No. 69M/2024.
8. Considering that the parties are willing to arrive
at an amicable resolution of the dispute, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-II,/Successor Court
in connection with Complaint Case No.405C of 2024, subject to
the conditions as laid down under Section 482(2) of the BNSS
as well as the following conditions:
(i) The bail bond of the petitioner shall be accepted
by the learned court below only upon production of the receipt
showing deposit of Rs. 50,000/- in favour of O.P. No. 2;
(ii) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(iii) the petitioner(s) 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/her/their bail bond by the Trial Court itself;
(iv) the petitioner(s) shall in no way try to induce
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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(s) shall desist from committing
any criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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