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Patna High Court

Md. Aftab AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U      T


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