Patna High Court
Md. Samir Alam @ Md. MoshaddilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 498A
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
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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
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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
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marriage, she has remedy to move Family Court for divorce.
(Jitendra Kumar, J.)
ravishankar/-
U T
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