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Patna High Court

Nadim Sahil @ Mohammad Nadim ShahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.72644 of 2025(3) dt.19-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.72644 of 2025(3) dt.19-01-2026
                                                       3/3




                     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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