Patna High Court
Md. Istiyak @ Md. IsteyakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail can be granted in the dowry harassment case provided the petitioner furnishes a bail bond and deposits a monthly sum to the complainant as a condition.
Summary
The petitioner, Md. Istiyak, was implicated in a dowry harassment complaint (Sections 498-A IPC and Sections 3/4 Dowry Prohibition Act) alleging assault and threats against his wife. He applied for anticipatory bail, asserting innocence and offering to pay Rs.3,000 per month to the complainant to maintain family harmony. The complainant accepted the offer, stating financial hardship. After hearing both sides, the court granted anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and the condition of monthly payments to the complainant. The order also invoked Section 482(2) of the B.N.S.S. as a condition for release.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under Sections 498-A IPC and Dowry Prohibition Act
- Whether imposing a monthly payment to the complainant is a valid condition for anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Dowry Prohibition Act
- bail conditions
- family harmony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66519 of 2025
Arising Out of PS. Case No.-1010 Year-2022 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Md. Istiyak @ Md. Isteyak S/o Md. Abujar R/o Village - Harishpur, P.S -
Kodha, District - Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashlahun Nisha W/o Md. Istiyak D/o Md. Saidur Rehman, R/o Village -
Kaliganj, P.S - Manihari, District - Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra, Advocate
For the O.P. No. 2 : Mr. Raghvendra kr. Singh, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 25-02-2026 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 Katihar Complaint Case No. 1010 of 2022,
registered for the offences punishable under Sections 498-A
of the Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act.
3. The prosecution case, in brief is that the
complainant was married to the petitioner, Isteyak, on
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04.07.2018 according to Muslim customs. After about one
year of peaceful marital life, she was harassed for dowry
and started demanding of Rs. 5 lakhs. Upon her inability to
fulfill the demand, she was assaulted, sustained injury to her
eye, driven out of her matrimonial home, and was subjected
to an attempt to set her on fire along with threats to meet the
unlawful demand.
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 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
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the said amount of Rs. 3,000/- 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, 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, Katihar, in
connection with Katihar Complaint Case No. 1010 of 2022,
subject to the condition as laid down under Section 482(2)
of the B.N.S.S. as well as the following condition:-
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(i) that the petitioner shall deposit a sum of Rs.
3,000/- 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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