Patna High Court
Md. Mozaffar Hussain @ MuzaffarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on a bond of Rs. 10,000 with two sureties, subject to specific conditions including monthly payments to the complainant.
Summary
The petitioner, Md. Mozaffar Hussain, was charged in a complaint case for alleged torture and dowry harassment under Section 85 of the Bihar Negotiable Instruments Act and Sections 3 and 4 of the Dowry Prohibition Act. He denied the allegations but offered to pay Rs. 3,000 per month as temporary relief to the complainant, Gajala, his wife, to avoid arrest. Mediation before the Patna High Court’s Mediation & Conciliation Centre failed, leading the court to consider bail. The court, relying on Section 482(2) of the Criminal Procedure Code, granted bail on a bond of Rs. 10,000 with two sureties, subject to the petitioner’s monthly payment obligation and other conditions. The order also required the complainant to file an affidavit and provide her bank details for the payments. Failure to make two consecutive payments would permit cancellation of the bail bond.
Issues considered
- What is the appropriate basis for granting bail in a complaint involving alleged dowry harassment and torture?
- Whether Section 482(2) of the Criminal Procedure Code can be invoked to enlarge bail in this case.
- Whether the petitioner’s undertaking to pay monthly relief can be conditioned as a term of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 85
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry harassment
- mediation failure
- Criminal Procedure Code
- Section 85
- Section 3 Dowry Prohibition Act
- Section 4 Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7669 of 2026
Arising Out of PS. Case No.-1418 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Md. Mozaffar Hussain @ Muzaffar Son of Late Saful Resident Of Village-
Dighli Police Station -Palasi District -Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gajala @ Bibi Gajala Praween Daughter of Jahangir Alam Resident Of
Village-Kujari, Ward no. 05, Ps- Palasi,Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Mukesh Kumar Rana, Adv.
For the State : Mr. Bharat Lal, APP
For the OP-2 : Md. Ziaul Quamar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-06-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
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 Section 85 of the B.N.S. and Section 3/4 of the
Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and
Patna High Court CR. MISC. No.7669 of 2026(4) dt.30-06-2026
2/3
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 S.D.J.M., Araria in connection
with Complaint Case No. 1418 of 2024, subject to the
conditions laid down under section 482(2) 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
savings bank account number for its
communication to the petitioner.
Patna High Court CR. MISC. No.7669 of 2026(4) dt.30-06-2026
3/3
(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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