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Patna High Court

Md. Meraj @ MehrajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.78439 of 2025(3) dt.20-02-2026
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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
Patna High Court CR. MISC. No.78439 of 2025(3) dt.20-02-2026
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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
              Patna High Court CR. MISC. No.78439 of 2025(3) dt.20-02-2026
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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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