Patna High Court
Md. Meraj @ MehrajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond, sureties, and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Meraj, was named in a 2022 complaint alleging mental and physical cruelty under Sections 498A, 147, 148, 149, 323, 379, 384, 34 of the IPC and the Dowry Prohibition Act for demanding Rs.1.5 lakh dowry. He filed an anticipatory bail petition, arguing that the complaint lacked an affidavit, was overly general, and that the dispute was essentially civil, further contending that his second marriage under personal law should not bar bail. The State opposed, stating that the petitioner was evading court process, that Section 82 of the CrPC had been invoked, and that the second marriage indicated a pattern of misconduct. Relying on precedents (Priyanka Srivastava and Asha Dubey) the Court held that anticipatory bail could be granted despite the pending Section 82 process, noting the general nature of the allegations. The Court ordered the petitioner’s release on bail with a Rs.10,000 bond, two sureties, and directed the trial court to attempt reconciliation between the parties.
Issues considered
- Whether anticipatory bail can be granted when a criminal complaint under IPC and the Dowry Prohibition Act is pending and Section 82 CrPC proceedings have been initiated.
- Whether the complaint is maintainable without an affidavit and if the allegations are too general and omnibus.
- Whether the petitioner’s second marriage under personal law affects the grant of anticipatory bail.
- Whether Section 482(2) of the BNSS can be invoked to condition bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2), 82
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 147, 148, 149, 323, 34, 379, 384, 498A
Subjects
- anticipatory bail
- dowry harassment
- mental cruelty
- IPC 498A
- Section 82 CrPC
- Section 482 BNSS
- second marriage
- reconciliation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78439 of 2025
Arising Out of PS. Case No.-2053 Year-2022 Thana- COMPLAINT CASE District- Araria
======================================================
Md. Meraj @ Mehraj Md. Ehnoon @ Aenul Haque R/o Village- Kamalpur,
Ward No. 09, P.S.- Jalalgarh, District- Purnia (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bi Shabnam D/o Mohsin, Wife of Md. Mehraj @ Meraj Presently residing at
Kasaila, P.S.- Madanpur, District- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 20-02-2026 Heard the parties.
2. The petitioner is named in the complaint case and
apprehending his arrest in connection with complaint Case No.
2053 of 2022 registered for the offences punishable under
Sections 498A, 147, 148, 149, 323, 379, 384, 34 of IPC and
¾ DP Act.
3. As per complaint, petitioner alleged to commit
mental and physical cruelty upon complainant/ OP No. 2 due
to non fulfillment of demand of dowry as raised for cash of Rs.
1,50,000/-.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that allegation as per complaint cannot
be accepted true in view of legal ratio as available through
Priyanka Srivastava Vs. State of Uttar Pradesh [2015
(6) SCC 287], for the reason that the complaint, in issue, is
not supported by affidavit. It is submitted that allegations as
raised through complaint petition appears very much general
and omnibus in nature qua petitioner. While concluding
argument, it is submitted that petitioner claimed clean
antecedent.
5. Learned APP duly assisted by learned counsel for
the complainant/ OP No. 2 while opposing the prayer of bail
submitted that petitioner is evading the process of court of
law and he is intentionally not appearing before the court. It is
submitted that due to said conduct of petitioner the process
under section 82 of Cr.P.C. has already initiated, and
therefore, this petition is not maintainable. It is also
submitted that petitioner solemnized his second marriage
subsisting marriage with complainant/ OP No. 2.
6. Taking contrary to the aforesaid submission,
learned counsel for the petitioner submitted that the dispute
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is primarily civil in nature and as different process starting
from summons as issued by the court as to secure the
presence of the petitioner was not served upon him, for said
reasononly the petitioner could not appear before the Court.
It is submitted further that petitioner solemnized his second
marriage out of his personal law and further undertake to
appear before the Ld. family court in maintenance
proceedings and if complainant is willing to continue her
matrimonial life with this petitioner, he is ready to keep her
with all love and dignity.
7. In this context it is further submitted by learned
counsel for the petitioner that there is no absolute bar as to
entertain anticipatory bail petition in interest of justice even
after issuing of process of Section 82 of Cr.P.C., In support of
his submission learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Asha Dubey
vs. State of Madhya Pradesh reported in 2024 SCC
OnLine SC 5633
8. In view of aforesaid factual and legal submission
and by taking note of fact as allegations qua committing
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physical and mental cruelty is appearing very much general
and omnibus in nature qua petitioner, accordingly petitioner
above-named, in the 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 JM 1 st Class, Araria
/concerned Court, where the case is pending in connection
with complaint Case No. 2053 of 2022, subject to the
conditions as laid down under Section 482(2) of BNSS.
9. Learned trial court is directed to take appropriate
steps to reconcile the matter between the parties upon
appearance of petitioner.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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