Patna High Court
Aftab Alam @ Md. Aftab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and conditions including monthly maintenance payment.
Summary
The petitioner, Aftab Alam, was accused of dowry harassment and related offences under the Bharatiya Nyaya Sanhita arising from his marriage to the complainant. He applied for anticipatory bail fearing arrest in the complaint case. The petitioner offered to pay a monthly maintenance of Rs. 3000 to the complainant as a temporary relief. The High Court, noting the petitioner’s undertaking, allowed the anticipatory bail application subject to a bail bond of Rs. 10,000 with two sureties and specific conditions, including regular deposit of the maintenance amount. The order also stipulated that failure to pay for two consecutive months could lead to cancellation of bail. The court emphasized that the bail order does not preclude the parties from resolving the dispute through other proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Sections 115(2), 85, 303(2), 352(2) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s undertaking to pay monthly maintenance is sufficient ground to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 303(2), 3(5), 352(2), 85
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- marital dispute
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84259 of 2025
Arising Out of PS. Case No.-252 Year-2024 Thana- COMPLAINT CASE - SIKRAHANA
District- East Champaran
======================================================
Aftab Alam @ Md. Aftab Alam S/O Abdullah R/O Vill.- Mohabbatpur Dhaka,
P.S.- Dhaka, Dist.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gajala Khatoon D/O Akramul Haque R/O Vill.- Kathmaliya, P.S.-
Shikarganj, Dist.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P.
For the O.P. No. 2 : Mr. Arun Kumar Bhagat, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 Earlier, vide order dated 12.12.2025, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 115(2), 85, 303(2),
352(2), 3(5) of the Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2020. Thereafter,
it is alleged that complainant was subjected to torture and
cruelty due to non-fulfillment of demand of dowry.
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5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-per
month to the informant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
3000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, East
Champaran, Motihari in connection with Complaint Case No.
252 of 2024, subject to the conditions laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on
the following conditions:-
‘(1) Complainant would file an affidavit before the
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court below and bring on record her savings bank account
number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance 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)
Navya/-
U T
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