Patna High Court
Md. MolajimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond, sureties, and compliance with the maintenance payment undertaking.
Summary
The petitioner, Md. Molajim, was arrested in a case involving alleged dowry harassment under Sections 498(A), 379 and 34 of the IPC. He had an outstanding maintenance liability of Rs.2,34,000, of which Rs.1,00,000 had been paid and the balance of Rs.1,34,000 was promised to be paid in equal installments over a year. The wife (opposite party No.2) raised no objection to this undertaking. The court, considering the petitioner's commitment and the lack of opposition, ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated that bail could be cancelled if the petitioner fails to honor his payment undertaking.
Issues considered
- Whether bail should be granted to the petitioner in a dowry harassment case despite pending maintenance arrears
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 379, 498A
Subjects
- bail
- dowry harassment
- maintenance
- Section 498A
- CrPC
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57608 of 2025
Arising Out of PS. Case No.-877 Year-2009 Thana- COMPLAINT CASE District- Supaul
======================================================
Md. Molajim S/o Md. Sattar R/o Village- Kathara, P.S.- Chhatapur, District-
Supaul
.. ... Petitioner/s
Versus
1. The State of Bihar
2. Lagina Khatoon W/o Md. Molajim, D/o Md. Ahsan R/o Village- Kathara,
P.S.- Chhatapur, District- Supual
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
: Mr. Mirza Ahraz Baig, Advocate
For the State : Ms. Gulnar Begum, Advocate
For the O.P. No.2 : Mr. Shahbaz Yusuf, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498(A), 379
and 34 of the Indian Penal Code.
3. The case is under Section 498(A) of the I.P.C. with
allegations of subjecting opposite party no.2 to torture on account
of non-fulfillment of dowry demand.
4. At the very outset, the learned counsel for the
petitioner has submitted that the arrears of the maintenance
amount fixed by the maintenance case amounts to Rs.2,34,000/-
out of which he has already paid Rs.1,00,000/- to the opposite
party no.2 which stands admitted by the learned counsel appearing
on behalf of opposite party no.2. So far as the remaining amount
of Rs.1,34,000/- is concerned, it is submitted that the petitioner
Patna High Court CR. MISC. No.57608 of 2025(5) dt.21-01-2026
2/2
undertakes to pay the said amount within a period of one year in
equal installments and so far as the recurring amount of
maintenance that has been fixed would also be continuously paid
in addition to over and above of the arrears amount.
5. Learned counsel for the opposite party no.2 have no
objection to the same.
6. In such view of the matter and upon such undertaking
given by the petitioner, 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 four 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 Court below where the case is pending/successor Court in
connection with Complaint Case No.877C of 2009, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
7. However, in case the petitioner flouts his own
proposal/undertaking, the opposite party no.2 shall be at liberty to
file an application for cancellation of bail.
(Soni Shrivastava, J)
anand/-
U T
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