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Patna High Court

Md. MolajimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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