Patna High Court
Mohammad RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Indian Penal Code — s. 498-A
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 √
Checking your session…