Patna High Court
Md. FirozversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and mandatory payment of maintenance arrears and monthly maintenance.
Summary
The petitioner, Md. Firoz, sought anticipatory bail in a criminal complaint (No. 2817 of 2023) alleging offences under Section 498‑A IPC for dowry harassment and cruelty. The prosecution alleged that the petitioner and his family demanded dowry and, upon non‑payment, tortured and evicted the complainant, Najda Khatun. The petitioner denied any wrongdoing and offered to pay a monthly maintenance of Rs.5,000 and arrears of Rs.1,40,000, which the complainant accepted. The court, after hearing both sides, decided to grant anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and the condition that the petitioner deposit the stipulated maintenance amounts. Consequently, the application for anticipatory bail was allowed with these conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged dowry harassment under Section 498‑A IPC.
- Whether the court can impose conditions relating to payment of maintenance as part of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 498-A
Subjects
- anticipatory bail
- Section 498-A
- dowry harassment
- maintenance
- Criminal Procedure Code
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64693 of 2025
Arising Out of PS. Case No.-2817 Year-2023 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Md. Firoz S/O Md Kasim R/O Village- Nabiganj, P.S.- Bhagwan Bazar,
District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Najda Khatun W/O Md Firoz, D/O Arshad Husain R/O Village- Agarpur,
P.O- chaksaleh (Ataullahpur), P.S- Lalganj, Distt- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Sinha
For the State : Ms.Renu Kumari
For the O. P. No. 2 : Mr. Vasant Vikas
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 24-02-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 2817 of 2023, in which cognizance
has been taken by the learned District Court for the
offences punishable under Section 498-A of the Indian
Penal Code.
3. The prosecution case, as per the complaint petition, is that
the marriage of the Opposite Party No. 2 was solemnized
with the petitioner on 21.05.2023 and after sometime, the
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petitioner and other family members started demanding
motorcycle, ornaments and Cash Rs. 2,00,000/- by way of
dowry and due to non-fulfillment of the said demand, the
petitioner and other family members tortured the
Opposite Party No. 2 physically as well as mentally and
also ousted the Opposite Party No. 2 from her
matrimonial home.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of
the petitioner, and in order to maintain harmony in the
family, the petitioner is ready and willing to pay a sum of
Rs. 5,000/- per month to the Opposite Party No. 2 as
living cost, subject to the final outcome of the present
case as well as the matrimonial case, if any, pending
and/or decided between the parties. He further agrees to
pay the arrears of maintenance fixed by the learned
Family Court.
5. Learned Counsel for the informant-Opposite Party No. 2
accepts the offer so made by learned Counsel for the
petitioner and submits that in Matrimonial Case No. 277
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of 2023, the learned District Court has ordered for
maintenance in favour of Opposite Party No. 2 at the rate
of Rs. 5,000/- per month on 04.05.2024, but the petitioner
has not complied the order of the learned District Court
and has not paid a single penny to the Opposite Party No.
2. till date. The Opposite Party No. 2 is on the verge of
starvation.
6. After having heard learned Counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned 5th Additional Chief Judicial Magistrate, Vaishali,
at Hajipur, in connection with Complaint Case No. 2817
of 2023.
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9. This is subject to the condition that the petitioner shall
pay a sum of Rs. 1,40,000/- as arrears of maintenance
amount to the Opposite Party No. 2 and shall file receipt
showing payment of Rs. 1,40,000/- to the Opposite Party
No. 2 at the time of furnishing bail bond. The petitioner
shall deposit a sum of Rs. 5,000/- per month, as current
amount of maintenance, in the bank account of Opposite
Party No. 2 positively, starting from 07th April, 2026.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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