Patna High Court
Nadim Sahil @ Mohammad Nadim ShahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000, two sureties, and specific conditions regarding monthly payments to the complainant.
Summary
The petitioner, Nadim Sahil, was arrested in a complaint under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act alleging cruelty, dowry demands, assault and abandonment of his wife, Masooma Khatun. The petitioner denied all allegations but offered to pay a temporary monthly relief of Rs. 3,000 to the complainant. The court considered the petitioner's undertaking, the nature of the offences, and the statutory provisions governing bail. Relying on Section 438(2) of the Criminal Procedure Code and Section 482 of the B.N.S.S., the court ordered bail on a bond of Rs. 10,000 with two sureties, subject to specific conditions including monthly payments and possible cancellation for non‑compliance. The bail order was conditioned on the complainant filing an affidavit and providing her bank details, and it was made clear that the order does not prejudice any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail should be granted to the accused in a case punishable under Section 498A IPC and the Dowry Prohibition Act.
- Whether the petitioner’s undertaking to pay temporary relief influences the bail decision.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 B.N.S.S. are appropriate.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- Section 498A
- dowry harassment
- temporary relief
- Criminal Procedure Code
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72644 of 2025
Arising Out of PS. Case No.-1327 Year-2024 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Nadim Sahil @ Mohammad Nadim Shahil Son Of Kayamudin Mansuri @
Kayamuddin Ansari Resident Of Village- Majorganj, Ward No.5, P.S.-
Majorganj, District- Sitamarhi, Pin Code 843332 (BIHAR).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Masooma Khatun Wife Of Nadim Sahil @ Mohammad Nadim Shahil,
Daughter Of Nabijan Miyan A/P Resident Of Village Pipra Pakri, P.S.
Bettiah, Muffasil, District - West Champaran (BIHAR).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Uday Kumar
For the State : Mr.Anant Kumar 1
For the OP-2 : Mr.Aditya Nath Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for complainant /
opposite party no. 2.
2. The petitioner who is husband of
complainant/opposite party no. 2, apprehends his arrest in a
complaint case punishable for the offences under Section
498(A) of the Indian Penal Code and Section 3/4 of the Dowry
Prohibition Act.
3. It is alleged that complainant was married with
petitioner on 13.01.2021 and after the marriage, she was
committed torture and harassment by petitioner and his family
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members for additional demand of dowry and lastly on
15.04.2023, she was assaulted and driven out from her
matrimonial house. It is further alleged that petitioner also
solemnized second marriage.
4. 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.
5. 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, Bettiah, West
Champaran in connection with Complaint Case No. 1327 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
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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.
(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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