Patna High Court
Md. Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties and a condition to deposit Rs.5,000 per month in the complainant’s bank account.
Summary
Md. Aftab Alam applied for anticipatory bail in a complaint alleging offences under Sections 498‑A, 323, 324, 379, 504 and 506/34 of the IPC, relating to alleged cruelty, assault and extortion by his wife. The prosecution alleged that the petitioner demanded a four‑wheeler and Rs.5,00,000 and assaulted the complainant on 25‑06‑2021. The petitioner denied any wrongdoing and offered to pay Rs.5,000 per month to the wife to maintain family harmony, an offer accepted by the wife’s counsel. The Court, after hearing both sides, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and the condition of monthly payment of Rs.5,000 to the wife. The order also stipulated that the bail be effective if the petitioner is arrested or surrenders within six weeks, and it invoked the inherent powers of the High Court under Section 482(2) of the CrPC.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in view of the alleged offences under the IPC?
- Whether the High Court can impose a condition of monthly monetary payment to the complainant as part of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 324, 34, 379, 498, 504, 506
Subjects
- anticipatory bail
- domestic violence
- IPC 498A
- cruelty
- bail conditions
- family harmony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66038 of 2025
Arising Out of PS. Case No.-425 Year-2021 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Md. Aftab Alam S/O Late Abdul Hafiz @ Abdul Hafiz Ansari R/O Mohalla-
298, Bhadodih, P.S- Jhumri Tilaiya, Dist- Kodarma(Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rubina Praveen W/O Md. Aftab Alam and D/O Md. Sayeed R/O Mohalla-
Basar Bigha, P.S- Sohsarai, Distt.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 24-02-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 425C of 2021, registered for the
offences punishable under Sections 498-A, 323, 324, 379, 504,
506/34 of the Indian Penal Code.
3. The prosecution case in brief is that the
complainant alleged that after her marriage with Md. Aftab
Alam (petitioner) on 26.02.2013, despite receiving cash,
motorcycle and ornaments at the time of marriage, the accused
persons demanded a four-wheeler and Rs.5,00,000/-, subjected
her to cruelty for non-fulfilment of the demand, assaulted her on
25.06.2021 at her parental house, and when police took no
Patna High Court CR. MISC. No.66038 of 2025(4) dt.24-02-2026
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action, she filed the complaint.
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.
5. Learned Counsel for the complainant-Opposite
Party No. 2 accepts the offer so made by learned Counsel for the
petitioner and submits that O.P. No. 2 is at the verge of
starvation and the petitioner may be directed to deposit the said
amount of Rs. 5,000/- per month in the bank account of the
complainant-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 ten days from today.
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,
Patna High Court CR. MISC. No.66038 of 2025(4) dt.24-02-2026
3/3
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 Sub
Divisional Judicial Magistrate, Biharsharif, Nalanda, in
connection with Complaint Case No. 425C of 2021, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
as well as the following condition:-
(i) that the petitioner shall deposit a sum of Rs.
5,000/- per month in bank account of the Opposite Party No. 2
positively by the 7th day of every month starting from the month
of March, 2026.
(Anil Kumar Sinha, J)
Siwani/-
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