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Patna High Court

Md. Sanaur @ Md. SanauwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.57313 of 2025(5) dt.21-01-2026
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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
Patna High Court CR. MISC. No.57313 of 2025(5) dt.21-01-2026
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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
               Patna High Court CR. MISC. No.57313 of 2025(5) dt.21-01-2026
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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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