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Patna High Court

Md. Golden @ Md. Sarfraz AlamversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Bail was granted to petitioners Nos.2 and 3 subject to conditions, and the application against petitioner No.1 was dismissed as withdrawn.

Summary

The petitioners, three brothers, were charged under Sections 498A and 232 of the Indian Penal Code for allegedly assaulting a complainant over a dowry demand. Petitioners No.2 and No.3 applied for bail, claiming innocence, lack of specific allegations, no criminal record, and that the complainant's husband is already in custody. The State opposed bail. The Court noted that the allegations against petitioners No.2 and No.3 were general and omnibus and therefore granted them bail with a bond of Rs.10,000 and several conditions, including appearance before the trial court and non‑tampering with witnesses. The application against petitioner No.1 was dismissed as withdrawn after his arrest. The bail order was made subject to Section 482(2) of the BNSS and the stipulated conditions.

Issues considered

  • Whether bail should be granted to petitioners Nos.2 and 3 despite the allegations under Sections 498A and 232 IPC.
  • Whether the application against petitioner No.1 can be dismissed as withdrawn following his arrest.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • Section 498A
  • Section 232
  • general and omnibus allegations
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90254 of 2025
                   Arising Out of PS. Case No.-1170 Year-2023 Thana- NALANDA COMPLAINT CASE
                                                    District- Nalanda
                 ======================================================
           1.     Md. Golden @ Md. Sarfraz Alam S/o- Late Karimuddin R/v- Kachahari
                  Mohalla Ps- Phulwari Sharif Dist- Patna
           2.    Md. Pintu Kumar @ Md. Pintu Alam @ Md. Pintu S/o- Late Karimuddin
                 R/v- Kachahari Mohalla Ps- Phulwari Sharif Dist- Patna
           3.    Md. Chhotu @ Md. Firdous Alam S/o- Late Karimuddin R/v- Kachahari
                 Mohalla Ps- Phulwari Sharif Dist- Patna
                                                                   ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar
           2.     Sabina Khatoon @ Rubina Khatoon W/o- Md. Imtiyaz Alam R/v- Katara Ps-
                  Laheri Dist- Nalanda
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ganesh Prasad Yadav
                 For the Opposite Party/s :    Mr. Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-01-2026                         Heard learned counsel for the parties.

                                   2. Learned counsel for the petitioners seeks

                   permission to withdraw this application as against the petitioner

                   no.1, as he has been arrested by the police during the pendency of

                   the bail application.

                                   3. Permission is granted.

                                   4. Accordingly, this application as against the

                   petitioner no.1 is dismissed as withdrawn.

                                   5. Now, this application is being heard only with

                   respect to the petitioner nos.2 and 3.

                                   6. The petitioners are apprehending their arrest in
Patna High Court CR. MISC. No.90254 of 2025(2) dt.15-01-2026
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          connection with Complaint Case No.1170(C) of 2023, registered

          for the offence punishable under Sections 498(A), 232 of the

          Indian Penal Code.

                          7. As per the FIR, the complainant was allegedly

          assaulted by the petitioners and others on the pretext of non-

          fulfillment of the demand for dowry.

                          8. Learned counsel for the petitioners submits that

          the petitioners are innocent and have been falsely implicated in

          this case. He further submits that the petitioner nos.2 and 3 have

          separate mess and management from the husband of the petitioner

          and the allegations which is said to have been levelled against the

          petitioners are general and omnibus. There is no specific overt act

          against them. The husband of the complainant is already in

          judicial custody. Lastly, it is submitted that the petitioners have no

          criminal antecedents.

                          9. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioners.

                          10. Taking into account that the allegations levelled

          against the petitioner nos.2 and 3 are general and omnibus, let the

          above named petitioner nos.2 and 3, be released on bail, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, on furnishing bail bond
               Patna High Court CR. MISC. No.90254 of 2025(2) dt.15-01-2026
                                                            3/3




                         of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of

                         the like amount each to the satisfaction of the learned Chief

                         Judicial Magistrate, Bihar Sharif, Nalanda/Successor Court in

                         connection with Complaint Case No.1170(C) of 2023, subject to

                         the conditions as laid down under Section 482(2) of the BNSS as

                         well as the following conditions:

                                         (i)   One     of   the    bailors    should   be   the   family

                         member/relative of the petitioner(s) who shall provide official

                         document to show his/her bona fide;

                                         (ii) the petitioner(s) shall appear on each and every date

                         before the Trial Court and failure to do so for two consecutive dates

                         without plausible reason will entail cancellation of his/her/their bail

                         bond by the Trial Court itself;

                                         (iii) the petitioner(s) shall in no way try to induce or

                         promise or threat the witnesses or tamper with the evidences, failing

                         which the State shall be at liberty to take steps for cancellation of the

                         bail bonds;

                                         (iv) the petitioner(s) shall desist from committing any

                         criminal offence again, failing which the State shall be at liberty to

                         take steps for cancellation of their bail bonds.



                                                       (Ajit Kumar, J)
shikha/-

U          T


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