Patna High Court
Md Ali Akhtar @ Ali AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner with a bail bond and a condition to deposit Rs.5,000 per month in the complainant’s bank account.
Summary
The petitioner, Md Ali Akhtar, sought anticipatory bail in connection with a criminal trial (Trial No. 4684 of 2025) arising from a dowry harassment complaint (Complaint C-290 of 2024) alleging cruelty, assault and dowry demands under various sections of the B.N.S. and the Dowry Prohibition Act. The prosecution alleged that after the marriage, the petitioner and co‑accused demanded a motorcycle, washing machine and Rs.3,00,000 as dowry, and upon non‑payment, subjected the complainant to cruelty, attempted burning and eventual assault and eviction from the matrimonial home. The petitioner contended he had committed no offence and offered to pay Rs.5,000 per month to the complainant to maintain family harmony. The complainant accepted this offer. The Court, after hearing both sides, exercised its inherent powers under Section 482(2) of the B.N.S.S. and granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and the condition that the petitioner deposit Rs.5,000 monthly in the complainant’s bank account.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite serious allegations under the Dowry Prohibition Act and other criminal provisions.
- Whether the Court may impose a condition of monthly monetary payment to the complainant as part of the bail order.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 351(3), 352, 85, 86
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- Section 482
- bail conditions
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71223 of 2025
Arising Out of PS. Case No.-290 Year-2024 Thana- COMPLAINT CASE - SIKRAHANA
District- East Champaran
======================================================
Md Ali Akhtar @ Ali Akhtar S/o Kifayat Miyan Resident of village -
Bikrampur, P.S- Dhaka, District- East champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shahnaz Khatoon W/O Md. Ali Akhtar, D/O Molajim Resident of village -
Serawna, P.S- Dhaka, District- East champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Avocate
Mr. Shahid Jawed, Advocate
Mr. Rananjay Kumar, Advocate
For the Informant : Mr. Vinod Kumar Seth, Advocate
For the State : Mr. Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Trial No. 4684 of 2025, arising out of Complaint Case No. (C-
290) of 2024, registered for the offences punishable under Sections
86, 118(1), 115(2), 352, 351(3), 109 of B.N.S. and ¾ of Dowry
Prohibition Act, wherein learned Magistrate took cognizance under
Sections 85, 115(2) and 126(2) of B.N.S. and ¾ of Dowry
Prohibition Act.
3. The prosecution case, in brief, is that the marriage of
the complainant was solemnized with petitioner on 14.04.2021 as
per Muslim rites and rituals. After the marriage, all the accused
persons started demanding motorcycle, washing machine, and Rs.
3,00,000 (three lakh) as dowry. Due to non-fulfillment of the said
demand, accused persons started committing cruelty and torture
Patna High Court CR. MISC. No.71223 of 2025(4) dt.09-04-2026
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with the complainant and even attempted to burn her. Despite
efforts by her parents to resolve the matter, the situation did not
improve. Finally, on 27.06.2024, the accused persons assaulted her
and ousted her from her matrimonial home.
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
Patna High Court CR. MISC. No.71223 of 2025(4) dt.09-04-2026
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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, Sikrahana at Dhaka, East Champaran at Motihari, in
connection with Trial No. 4684 of 2024, arising out of Complaint
Case No. (C-290) of 2024, 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 21st April, 2026.
(Anil Kumar Sinha, J)
Siwani/-
U T
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