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Patna High Court

SAQLAIN ZEYAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the allegations prima facie general and omnibus and noting the complainant’s alleged propensity to file false cases.

Summary

The petitioner, Saqlain Zeya, was named in an FIR for alleged offences under Sections 341, 323, 379, 509 and 498A of the IPC, accused of mental and physical cruelty over a dowry demand. The petitioner’s counsel argued that the complainant, Nikhat Praween, habitually files false cases and that the allegations are vague and omnibus. The State opposed bail, but the complainant failed to appear despite service of notice. The court noted the prima facie nature of the allegations and the complainant’s alleged habit of filing frivolous cases. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Negotiable Security Act.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR containing charges under multiple IPC sections
  • Whether the allegations of mental and physical cruelty are prima facie sufficient to deny bail
  • Whether the complainant’s alleged habit of filing false cases warrants a more liberal approach to bail

Legislation cited

Subjects

  • bail
  • dowry harassment
  • false complaint
  • IPC
  • Section 482
  • general omnibus allegation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75560 of 2023
                       Arising Out of PS. Case No.-63 Year-2022 Thana- MANPUR District- Nalanda
                 ======================================================
                 SAQLAIN ZEYA Son of Md. Zeyauddin Khan R/o Mohalla - Kagazi, P.S. -
                 Bihar, Distt. - Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Nikhat Praween W/o Shaqlain Zeya, D/o Md. Firoz Khan R/o vill and Post -
                 Palatpura, P.s. - Manpur, Distt. - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parmanand Prasad
                 For the Opposite Party/s :       Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   28-01-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Manpur P.S.

                   Case No. 63 of 2022 registered for the offences

                   punishable under Sections 341, 323, 379, 509, 498A of

                   IPC.

                                3. The allegation against petitioner is to commit

                   mental and physical cruelty upon informant/ O.P. No. 2

                   due to non-fulfillment of demand of dowry.

                                4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that informant/ OP No. 2 is
Patna High Court CR. MISC. No.75560 of 2023(3) dt.28-01-2026
                                            2/3




          under habit to file all such false cases against petitioner.

          In support of his submission, it is pointed out that prior to

          this case, a case was also lodged by informant against

          petitioner which was registered as Manpur P.S. Case No.

          01 of 2020, where petitioner is on bail. It is submitted

          that informant is living with her parents and now upon

          instigation of her parents she lodged present FIR without

          having any cogent material. It is submitted that allegation

          qua demand of dowry and committing cruelty is also

          appearing very much general and omnibus in nature.

                       5 Learned APP opposes the prayer of bail.

                       6. None appeared on repeated calls on behalf of

          O.P. No. 2, despite of valid service of notice.

                       7. In view of aforesaid factual submission and by

          taking note of fact as allegation qua mental and physical

          cruelty appears prima-facie general and omnibus against

          petitioner coupled with the fact that the informant

          appears habitual to lodge all such cases against

          petitioner, accordingly petitioner above-named, in the
              Patna High Court CR. MISC. No.75560 of 2023(3) dt.28-01-2026
                                                          3/3




                        event of his arrest or surrender before the court below

                        within a period of four weeks, is directed to be released

                        on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to

                        the satisfaction of the learned ACJM 4 th Bihar Sharif,

                        Nalanda /concerned Court, where the case is pending in

                        connection with Manpur P.S. Case No. 63 of 2022,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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