Patna High Court
Naushad Ahamad @ Naushad Ahamad Ansari @ Naushad Alam @ Naushad AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner with a bail bond, sureties, and a condition of monthly payment to the complainant.
Summary
The petitioner, Naushad Ahmad, was implicated in a complaint (No. 1538 of 2024) alleging dowry harassment and related offences under Section 85 of the Bhartiya Nyaya Sanhita, including physical and mental torture of his wife and denial of a demanded four-wheeler. The petitioner denied any wrongdoing and, without prejudice to his defence, offered to pay Rs.5,000 per month to the complainant to maintain family harmony. The complainant accepted this offer, citing her lack of income and need to support her child. The court, after hearing both sides, considered the offer and the nature of the allegations and decided to grant anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, subject to a bail bond and two sureties. The bail was conditioned on the petitioner depositing Rs.5,000 monthly in the complainant’s bank account, and the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in a case involving alleged dowry harassment under Section 85 of the Bhartiya Nyaya Sanhita.
- Whether the petitioner’s offer to pay a monthly sum to the complainant is a suitable condition for granting anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 85
Subjects
- anticipatory bail
- dowry harassment
- Section 85
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- domestic violence
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85753 of 2025
Arising Out of PS. Case No.-1538 Year-2024 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Naushad Ahamad @ Naushad Ahamad Ansari @ Naushad Alam @ Naushad
Ahmad S/o Aftab Ahmad Ansari R/o Village-Jhaluwa, P.O.- Kalyanpur, P.S.-
Garhwa, Jhaluwa, Garhwa, Jharkhand, Permanent R/o Mohalla - Bihiya Road,
Near Madarsa, ward no. 17, Navinagar, Piro, P.S.- Piro, Distt.- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tabassum Praveen W/o Naushad Ahmad Ansari, D/o Kalim Ansari R/o
Mohalla - Bihiya Road, Near Madarsa, ward no. 17, Navinagar, Piro, P.S.-
Piro, Distt.- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Ranjan
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 21-04-2026 1. Heard learned counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 1538 (C) of 2024, registered for the
offences punishable under Section 85 of the Bhartiya
Nyaya Sanhita.
3. The allegation, as per the complaint case, is that the
complainant was married to the petitioner on 29.10.2023,
in which, cash, jewellery and other household articles
were given as gift. After the marriage, the petitioner
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including other accused persons demanded a four-wheeler
as dowry and due to non-fulfillment of demand of dowry
the complainant was subjected to torture and harassment
mentally and physically. It has further been alleged that
the complainant was assaulted and driven out of her
matrimonial home and in the meanwhile the complainant
gave birth to a girl child.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of
the petitioner, and in order to maintain harmony in the
family, the petitioner is ready and willing to pay a sum of
Rs. 5,000/- per month to the Opposite Party No. 2 as
living cost, subject to the final outcome of the present
case as well as the matrimonial case, if any, pending
and/or decided between the parties.
5. Learned counsel for the complainant-Opposite Party No.
2 submits that the complainant is at verge of starvation,
having no source of income and in order to take care of
her child she accepts the offer so made by learned counsel
for the petitioner and submits that the petitioner may be
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directed to deposit the said amount of Rs. 5,000/- per
month in the bank account of the complainant-Opposite
Party No. 2, details of which shall be furnished by learned
Counsel for the Opposite Party No. 2 to learned Counsel
for the petitioner within ten days from today.
6. After having heard learned counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Sub Divisional Judicial Magistrate, Bhojpur at
Ara, in connection with Complaint Case No. 1538 (C) of
2024, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
9. This is subject to the condition that the petitioner shall
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deposit a sum of Rs. 5,000/- per month in the bank
account of Opposite Party No. 2, staring from 11th May,
2026.
(Anil Kumar Sinha, J)
ashwani/-
U T
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