Patna High Court
Md. Mehtab Alam @ MahtabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted in the complaint case, subject to a monetary undertaking, sureties, and compliance with Section 438(2) CrPC and Section 482 B.N.S.S.
Summary
The petitioner, Md. Mehtab Alam, was charged in a complaint case (No. 287 of 2024) under Sections 323 and 498A IPC for alleged torture and dowry harassment of his wife, Bibi Rabiya Khatoon. He denied the allegations and feared arrest, offering to pay Rs. 3,000 per month as temporary relief. The High Court, after mediation failed, considered his bail application and, noting his undertaking, ordered bail on a Rs. 10,000 bond with two sureties, subject to conditions including monthly payments and an affidavit by the complainant. The bail was granted under Section 438(2) of the CrPC and Section 482 of the B.N.S.S., with provisions for cancellation if payments were missed. The order also clarified that the bail does not prejudice any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail can be granted in a complaint case under Sections 323 and 498A IPC pending investigation.
- Whether an undertaking to pay a monthly amount can be imposed as a condition for bail.
- Whether Section 438(2) CrPC and Section 482 B.N.S.S. are applicable to grant bail in this context.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- dowry harassment
- IPC 498A
- criminal complaint
- mediation
- temporary relief
- surety
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71718 of 2025
Arising Out of PS. Case No.-287 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Md. Mehtab Alam @ Mahtab S/O Md. Najiruddin @ Najir R/O Vill.- Rampur
Mohanpur West, Ward No. 7, P.S. and Dist.- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Rabiya Khatoon W/O Md. Mehtab Alam @ Mahtab, D/O Md. Yasin At
Present R/O Vill.- Rampur Mohanpur West, Ward No. 7, P.S.- Araria
(Bairgachhi OP) Dist.- Araria At Present R/O Vill.- Sonapur, Kamaldaha,
Ward No.- 8, P.S.- Kursakanta, Dist.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Nurul Hoda, Adv.
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
Ms. Puja Kumari, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 22-06-2026 Pursuant to order dated 09.03.2026 passed by a
coordinate Bench of this Court, the matter was referred to
Mediation Centre of Araria District Court, but the dispute
between the parties could not be resolved through the process of
mediation and as such, mediation failed (M)k.
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 323, 498(A) of the Indian Penal Code.
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4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
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-cum-A.M. IIIrd,
Araria in connection with Complaint Case No. 287 of 2024,
subject to the conditions laid down under section 438(2) of the
Cr.P.C. / 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
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savings bank account number for its
communication to the petitioner.
(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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