Created by Fuzzy Cloud

Patna High Court

Mohammad RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with a bond of Rs.10,000, two sureties, and a condition to deposit Rs.3,000 per month to the complainant.

Summary

Petitioner Mohammad Raja sought anticipatory bail fearing arrest in a complaint under Section 498-A of the IPC alleging dowry harassment and torture of his wife, Fiza Praveen. He denied any wrongdoing and offered to pay Rs.3,000 per month as maintenance, which the complainant accepted. The court, after hearing both sides, considered the offer and the circumstances, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and the mandatory monthly payment of Rs.3,000 to the complainant starting 7 March 2026. The order was made to ensure the petitioner’s liberty while safeguarding the complainant’s financial needs.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 498-A of the IPC.
  • Whether the court can impose a condition of monthly maintenance payment as part of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498-A
  • maintenance
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65700 of 2025
                  Arising Out of PS. Case No.-2214 Year-2024 Thana- East Champaran Complaint District-
                                                    East Champaran
                 ======================================================
                 Mohammad Raja S/o Mohammad Wajul @ Mohammad Wajoul R/o Village -
                 Hasan Nagar Ward No.- 2, Virta Chowk, P.S - Ghorasahan, District - East
                 Champaran
                                                                      ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Fiza Praveeen D/o Aktar Ali R/o Village - Miscot Ramna Ward No.- 21, P.S
                  - Town Motihari, District - East Champaran
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Prateek Tandon
                 For the State           :        Ms.Rita Verma
                 For the O. P. No. 2     :        Mr. Sunil Kumar No. III
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
7   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. C 2214 of 2024, 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 04.11.2022 and after sometime, the

                            petitioner and other family members started demanding

                            Bolero vehicle by way of dowry and due to non-

                            fulfillment of the said demand, the petitioner and other
Patna High Court CR. MISC. No.65700 of 2025(7) dt.24-02-2026
                                            2/3




                   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. 3,000/- 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.

              5.   Learned Counsel for the informant-Opposite Party No. 2

                   accepts the offer so made by learned Counsel for the

                   petitioner and submits that the Opposite Party No. 2 is on

                   the verge of starvation and the petitioner may be directed

                   to deposit the said amount of Rs. 3,000/- per month in the

                   bank account of the informant-Opposite Party No. 2,

                   details of which shall be furnished by learned Counsel for

                   the Opposite Party No. 2 to learned Counsel for the

                   petitioner within fifteen days from today.
            Patna High Court CR. MISC. No.65700 of 2025(7) dt.24-02-2026
                                                        3/3




                          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 Chief Judicial Magistrate, East Champaran, at

                               Motihari, in connection with Complaint Case No. C 2214

                               of 2014.

                          9.   This is subject to the condition that the petitioner shall

                               deposit a sum of Rs. 3,000/- per month in the bank

                               account of Opposite Party No. 2 positively, starting from

                               07th March, 2026.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.