Patna High Court
Md. Golden @ Md. Sarfraz AlamversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
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granted to petitioners Nos.2 and 3 subject to conditions, and the application against petitioner No.1 was dismissed as withdrawn.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 The application against petitioner No.1 was dismissed as withdrawn after his arrest.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- Whether the application against petitioner No.1 can be dismissed as withdrawn following his arrest.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
- Indian Penal Code — s. 232, 498A
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
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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
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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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