Patna High Court
Md. Nesar Alam @ Nisar Alam @ NisharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a monetary undertaking and specific compliance conditions.
Summary
The petitioner, Md. Nesar Alam, husband of the complainant Shamsha Khatoon, faced a complaint under IPC sections 420, 498(A), 307, 313 and Dowry Prohibition Act sections 3 and 4, alleging dowry harassment and torture. He denied the allegations and feared arrest, offering to pay Rs. 3,000 per month as temporary relief to the complainant. The High Court, after mediation failed, considered his undertaking and ordered bail, requiring a bail bond of Rs. 10,000 with two sureties. The bail was conditioned on the complainant filing an affidavit with her bank account details and the petitioner depositing the monthly amount, with cancellation if two consecutive payments are missed. The order also made the payment subject to any future matrimonial or maintenance orders.
Issues considered
- What is the appropriate bail disposition in a complaint case involving serious offences under the IPC and Dowry Prohibition Act?
- Can an undertaking to pay a monthly amount be a sufficient condition for granting bail?
Legislation cited
- B.N.S.S.
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 313, 420, 498A
Subjects
- bail
- dowry harassment
- IPC offences
- complaint case
- temporary relief
- mediation failure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69089 of 2025
Arising Out of PS. Case No.-1039 Year-2023 Thana- COMPLAINT CASE -
MUZAFFARPUR(WEST) District- Muzaffarpur
======================================================
Md. Nesar Alam @ Nisar Alam @ Nishar S/O Shabbir Alam R/O Village-
Piprahan, P.S.- Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shamsha Khatoon W/O Md. Nesar Alam @ Nisar Alam @ Nishar, D/O Md.
Anwar R/O Vill.- Sine Chapra Devanand, P.S.- Kanti, Dist.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mrs.Asha Kumari, APP
Mr.Rajeev Ranjan – II, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 06-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offences under Sections 420, 498(A), 307, 313 of the Indian
Penal Code and Section 3/4 of the Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.69089 of 2025(6) dt.06-07-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1st Class, (West) Court
No. 6, Muzaffarpur in connection with Complaint Case No.
1039 of 2023, subject to the conditions laid down under section
438(2) of the Code of Criminal Procedure/Section 482 of the
B.N.S.S. as well as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
Patna High Court CR. MISC. No.69089 of 2025(6) dt.06-07-2026
3/3
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance
or connected proceedings. The present order,
in no way, will preclude the parties to resolve
the issue otherwise.”
(Prabhat Kumar Singh, J)
anay/-
U T
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