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Patna High Court

Md. Istiyak @ Md. IsteyakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.66519 of 2025(5) dt.25-02-2026
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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
Patna High Court CR. MISC. No.66519 of 2025(5) dt.25-02-2026
                                            3/4




          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:-
           Patna High Court CR. MISC. No.66519 of 2025(5) dt.25-02-2026
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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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