Patna High Court
MD. EJAJ @ AIJAJ @ MD. AJAJversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the allegations were deemed general and not sufficient to justify denial of bail.
Summary
The petitioner, Md. Ejaj, was named in a complaint (Case No. 285 of 2023) alleging cruelty under Section 498-A IPC and assault under Section 323 IPC for demanding a dowry of Rs. 2 lakh and a motorcycle. He applied for bail, arguing that the dowry demand allegation was vague and omnibus, making the cruelty charge unconvincing, and that the alleged assault was not proven. The State opposed bail, contending that the petitioner had not complied with a court order for the complainant's rukhsat. The court examined the specificity of the allegations and found them to be general, concluding that there was insufficient basis to deny bail. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether the allegations under Sections 498-A and 323 IPC are sufficiently specific to deny bail
- Whether the petitioner is entitled to bail despite the pending complaint
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 498-A
Subjects
- dowry harassment
- cruelty
- bail
- IPC 498-A
- IPC 323
- Criminal Procedure Code
- general allegations
- omnibus
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64350 of 2024
Arising Out of PS. Case No.-285 Year-2023 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
MD. EJAJ @ AIJAJ @ MD. AJAJ Son of Md. Khatibullah @ Khatibur
Rahman Resident of village - Dhamwara, P.S.- Alinagar, District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Najni Praween Wife of Md. Ejaj D/o Md. Mohiuddin, Resident of village -
Dhamsain, P.S.- Alinagar, District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-01-2026 Heard the parties.
2. The petitioner is named in the complaint petition
and apprehending his arrest in connection with Complaint
Case No. 285 of 2023 registered for the offences punishable
under Sections 498-A and 323 of the Indian Penal Code.
3. The allegation against petitioner is to commit
cruelty upon complainant along with other family members for
the non-fullfilment of demand of dowry as raised for cash of
Rs. 2 lakhs and one motorcycle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation qua raising demand of
dowry is appearing very much general and omnibus in nature
and, therefore, the allegation of committing cruelty is also not
Patna High Court CR. MISC. No.64350 of 2024(4) dt.20-01-2026
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appears convincing qua petitioner. It is submitted that due to
personal ego, complainant is living with her brother and failed
to join petitioner, despite his best efforts. It is submitted that
allegation qua physical assault which alleged to be made with
an intention to cause death not appears convincing as
cognizance was taken for the offences under Sections 498-A
and 323 of the IPC.
5 Learned APP duly assisted by learned counsel for
the informant while opposing the prayer of bail submitted that
petitioner who is the husband had failed to approach
complainant in terms of order dated 21.11.2024 for her
rukhsat.
6. In view of aforesaid factual submission and by
taking note of fact as allegation qua demand of dowry and
also of committing cruelty appears very much general and
omnibus against this petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.64350 of 2024(4) dt.20-01-2026
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satisfaction of the learned J.M.F.C., Benipur,
Darbhanga/concerned Court, where the case is pending in
connection with Complaint Case No. 285 of 2023, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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