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Patna High Court

Md. Samir Alam @ Md. MoshaddilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and conditions.

Summary

The petitioner, Md. Samir Alam, was charged under Sections 323 and 498A of the Indian Penal Code in a complaint alleging dowry harassment and cruelty. He applied for bail, claiming innocence and no prior criminal record, while the State and complainant opposed, alleging a second marriage and refusal to dissolve the marriage. The court noted that the maximum punishment for the offences is three years and that the petitioner had no antecedents. Considering these factors, the court granted bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The court also directed that any claim of concealed antecedents or false statements could lead to cancellation of bail, and advised the complainant to approach the Family Court for divorce if desired.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving offences under Sections 323 and 498A of the IPC
  • Whether the petitioner’s lack of criminal antecedent and the maximum punishment of three years justify bail

Legislation cited

Subjects

  • bail
  • dowry harassment
  • cruelty
  • IPC
  • criminal procedure
  • family law
  • Section 482
  • maximum punishment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.915 of 2026
                   Arising Out of PS. Case No.-389 Year-2024 Thana- COMPLAINT CASE - SHERGHATI
                                                       District- Gaya
                 ======================================================
                 Md. Samir Alam @ Md. Moshaddil S/O Md. Mokabbil Sah @ Md. Mosadil
                 @ Md. Mokabbir Shah, Resident of - Chakarsar, P.S.- Chouparan, P.O.-
                 Dadpur, Dist.- Hazaribagh, Jharkhand- 825406

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Gulabsha Khatoon D/O Mustakim Alam @ Mustakeem Alam, R/O Mohalla-
                 Takaiya, P.s.- Gurua, Dist.- Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Ms. Laxmi Kumari, Advocate
                                                Mr. Rupesh Kumar, Advocate
                                                Mr. Ravikant, Advocate
                 For the State          :       Mr. Mukesh Kumar Singh, APP
                 For the Complainant    :       Pintu Kumar Patel, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   06-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel for the

                   Complainant.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Complaint Case No. 389 of 2024, filed for

                   the offences punishable under Sections 323, 341, 498A and 379

                   of the Indian Penal Code and Section ¾ of D.P. Act. However,

                   cognizance has been taken under Sections 323 and 498A of the

                   Indian Penal Code.

                                 3. As per allegation, the marriage of the complainant
Patna High Court CR. MISC. No.915 of 2026(3) dt.06-04-2026
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          with the petitioner was solemnized in the year of 2022 and after

          the marriage, the complainant joined the matrimonial home of

          the petitioner. However, illegal demand of dowry started and on

          account of non-fulfillment of the same, she was subjected to

          torture. One and half years old daughter is also born out of the

          wedlock, but complainant-wife has been ousted from the

          matrimonial home.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. He further submits that the maximum punishment

          prescribed for the alleged offence is three years and on account

          of non- working the marriage, this false case has been lodged.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedent.

                       7. However, learned APP for the State as well as

          learned counsel for the complainant vehemently oppose the

          prayer of the Petitioner for bail submitting that petitioner-

          husband is entered into second marriage and he is not interested

          to dissolve the marriage also and hence, complainant wants
Patna High Court CR. MISC. No.915 of 2026(3) dt.06-04-2026
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          dissolution of marriage with payment of permanent alimony.

                       8. Considering the fact that the maximum punishment

          prescribed for the alleged offence is three years, this petition is

          allowed, directing the petitioner, above-named, to be enlarged

          on bail, in the event of his arrest or surrender before the court

          below within a period of eight weeks from the date of receipt /

          production of a copy of this order, on his furnishing bail bonds

          in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned concerned

          Court Below, in connection with Complaint Case No. 389 of

          2024, subject to the conditions as laid down under Section 482

          (2) of the B.N.S.S., 2023 and on the following conditions:

                       (i) In case, it is brought to the notice of the court

          below that the petitioner has any criminal antecedent, learned

          court below shall cancel the bail bonds of the petitioner after

          hearing him and getting satisfied that the petitioner has

          concealed his criminal antecedents despite his knowledge of the

          same.

                       (ii) In case, it is brought to the notice of the court

          below that statement regarding previous bail petition is wrong,

          learned court below shall cancel the bail bonds of the petitioner.

                       9. The complainant, if interested to dissolve the
           Patna High Court CR. MISC. No.915 of 2026(3) dt.06-04-2026
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                     marriage, she has remedy to move Family Court for divorce.


                                                                (Jitendra Kumar, J.)
ravishankar/-
U       T


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