Patna High Court
Sabbir Alam @ SabbirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner subject to monetary bond and conditions, pending further proceedings.
Summary
The petitioner, Sabbir Alam, was charged under IPC sections 498A, 406, 34 and Section 4 of the Dowry Prohibition Act for alleged dowry harassment and related offences. He contended that the complaint was false, that he had no prior criminal record, and that he was willing to support his wife and children. The State opposed bail, arguing the seriousness of the allegations. The High Court examined the petition, noting the absence of prior bail applications and criminal antecedents, and considered the statutory provisions governing bail. The Court granted bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties and imposing conditions for cancellation if criminal antecedents or false statements were discovered.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under IPC 498A, 406, 34 and the Dowry Prohibition Act
- Whether the petitioner’s claim of no prior criminal antecedents and no earlier bail application affects the bail decision
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act, 1986 — s. 4
- Indian Penal Code — s. 34, 406, 498A
Subjects
- bail
- dowry harassment
- IPC 498A
- criminal procedure
- Section 482
- matrimonial dispute
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.651 of 2026
Arising Out of PS. Case No.-381 Year-2024 Thana- COMPLAINT CASE District-
Kishanganj
======================================================
Sabbir Alam @ Sabbir, Son of Abid Hussain Resident of Birya, P.S.- Angarh,
District- Purnea.
... ... Petitioner
Versus
1. The State of Bihar
2. Nidhar Begum, Wife of Sabbir Alam @ Sabbir, Resident of Pirgachhi, P.S.-
Angarh, District- Purnea, presently resident of Village- Pipla, P.S.-
Kochadhaman, District- Kishanganj
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Raj Kumar, Advocate
For the State : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Complaint Case No.381 of 2024,
dated.07.06.2024, filed for the offences punishable under
Sections 498(A), 406, 34 of the Indian Penal Code and Section
4 of the Dowry Prohibition Act.
3. As per allegation, the marriage between the
Petitioner and the Complainant was solemnized in the year 2016
as per Islamic rites and customs and after six months there was
demand of dowry and on account of non-fulfillment of the
same, she has been subjected to torture. It is also alleged that
Patna High Court CR. MISC. No.651 of 2026(2) dt.28-01-2026
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she has been ousted from the matrimonial home and the
Petitioner has solemnized second marriage.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that on account of some wear and tear
of married life some discerny has developed and this false case
has been filed by the wife. He also submits that out of the
wedlock, three children are born, one son and two daughters and
the son is living with the Complainant/wife, whereas two
daughters are living with him and he is also ready to keep his
wife and son living at the maike of the complainant. He also
submits that the maximum punishment prescribed for the
alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
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to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Complaint Case No.381 of 2024, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S 2023, and
on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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