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Patna High Court

Munna MustakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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