Patna High Court
Munna MustakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Munna Mustak was arrested in a complaint alleging dowry harassment, assault and related offences under IPC sections 498S, 448, 323, 34 and the Dowry Prohibition Act. He claimed the allegations were false, asserted his willingness to maintain his wife at Rs.2,000 per month, and offered to file an affidavit to that effect. The petitioner’s counsel argued that the complaint contained vague, omnibus allegations and that the wife was unwilling to live with him. The Patna High Court, considering these submissions, granted anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties, an affidavit of maintenance, and compliance with Section 438(2) of the CrPC. The court ordered the petitioner to deposit two months’ maintenance in the wife’s bank account and directed that the maintenance amount be adjusted in any future maintenance order. The application for anticipatory bail was disposed of with the bail granted.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under Sections 498S, 448, 323, 34 IPC and the Dowry Prohibition Act.
- Whether the petitioner’s offer to pay maintenance and file an affidavit influences the grant of bail.
- Whether the conditions imposed under Section 438(2) CrPC are appropriate in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 448, 498S
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- maintenance
- CrPC
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84902 of 2025
Arising Out of PS. Case No.-1452 Year-2023 Thana- COMPLAINT CASE District- Araria
======================================================
Munna Mustak S/o Nazmul @ Najmul Haq R/o Village - Bhebhra, Ward No.
15, P.S - Jokihat, District - Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gulshan Ara W/o Munna Mustak D/o Najam Uddin, R/o village - Satbita,
Ward No. 7, P.S - Jokihat, District - Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
5 10-04-2026 In compliance of the earlier order dated 24.03.2026,
both the parties along with their respective lawyers are present
in Chamber proceeding.
2. Heard learned counsel for the petitioner, learned
counsel appearing on behalf of the informant and learned APP
for the State.
3. The petitioner is apprehending his arrest in
connection with Complaint Case No. 1452 of 2023 for the
offence under Sections 498S, 448, 323 and 34 of the I.P.C. and
Section 3/4 of the Dowry Prohibition Act.
4. It is a case of matrimonial dispute between both the
parties in which there is allegation on the petitioner regarding
Patna High Court CR. MISC. No.84902 of 2025(5) dt.10-04-2026
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abusing and assaulting the complainant for demand of dowry.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
instant false case. No occurrence took place in the manner as
alleged in the complaint petition against him. In the Complaint
Petition there are general and omnibus allegation has been made
against the petitioner that he used to assault and torture the
complainant.
6. During the course of argument, learned counsel for
the petitioner submits that petitioner is ready to keep his wife
with him whereas O.P. No. 2 (wife of the petitioner) is not
willing to lead the conjugal life with the petitioner. Learned
counsel further submits that petitioner is willing to pay Rs.
2,000/- per month for her maintenance and he is also ready to
file an affidavit regarding the payment of aforesaid amount in
the Trial Court/Court below to show his bona fide conduct.
7. Keeping in view the aforesaid facts, and
considering the submissions made by learned counsel for the
petitioner, this Court is inclined to enlarge the petitioner on
privilege of anticipatory bail.
8. The above amount of maintenance will be adjusted
in any future order regarding maintenance passed by any
Patna High Court CR. MISC. No.84902 of 2025(5) dt.10-04-2026
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competent Court. Petitioner will pay the aforesaid maintenance
amount in advance for two months in the bank account of the
O.P. No. 2 at the time of furnishing the bail bond and the details
of bank account will be furnished by the informant as soon as
possible.
9. Petitioner is directed to file an affidavit regarding
the payment of Rs. 2,000/- per month as maintenance to her
wife at the time of furnishing bail bond.
10. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Araria, in connection with Complaint Case No. 1452 of 2023
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C.
11. Accordingly, the instant application stands
disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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