Aftab Alam @ Md. Aftab Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Aftab Alam @ Md. Aftab Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest/surrender within eight weeks, to be enlarged on bail on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and additional conditions including monthly deposit of Rs. 3,000/- in the complainant's savings bank account, failing which for two consecutive months the court below may cancel the bail-bond.

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 252 of 2024 registered for offences punishable under Sections 115(2), 85, 303(2), 352(2) and 3(5) of the Bharatiya Nyaya Sanhita, should be granted anticipatory bail.

Court's answer

The Court allowed the anticipatory bail application in view of the petitioner's undertaking, conveyed through learned counsel, to pay Rs. 3,000/- per month to the complainant by way of temporary relief/solace, starting from the month of the order.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, East Champaran, Motihari, in connection with Complaint Case No. 252 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Key takeaways

As a bail condition, the complainant is to file an affidavit before the court below bringing on record her savings bank account number for communication to the petitioner.ratio¶27
The petitioner is to deposit the stipulated monthly amount in the savings bank account of the complainant; in case of failure to deposit for two consecutive months, the court below would be at liberty to cancel the bail-bond.ratio¶29
The monthly payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order in no way precludes the parties from resolving the issue otherwise.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED WITH MONETARY CONDITIONS. Petitioner-husband apprehending arrest in Complaint Case No. 252 of 2024, PS Sikrahana, East Champaran, for offences under Sections 115(2), 85, 303(2), 352(2) and 3(5) of the Bharatiya Nyaya Sanhita; prosecution case alleges torture and cruelty to the complainant-wife, married in 2020, due to non-fulfillment of dowry demand. Court allowed the application in view of counsel's undertaking that petitioner pay Rs. 3,000/- per month to the complainant by way of temporary relief/solace from the current month. Enlargement on bail, upon arrest/surrender within eight weeks, on bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Judicial Magistrate, 1st Class, East Champaran, Motihari, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, and further conditions: (i) complainant to file affidavit placing her savings bank account number on record for communication to petitioner; (ii) petitioner to deposit the monthly amount therein; (iii) default for two consecutive months confers liberty on the court below to cancel the bail-bond; (iv) payments subject to any order in matrimonial, maintenance or connected proceedings, and the order does not preclude the parties resolving the issue otherwise. Earlier referral (order dated 12.12.2025) to mediation had failed. — Prabhat Kumar Singh, J.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84259 of 2025

Arising Out of PS. Case No.-252 Year-2024 Thana- COMPLAINT CASE - SIKRAHANA District- East Champaran

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Aftab Alam @ Md. Aftab Alam S/O Abdullah R/O Vill.- Mohabbatpur Dhaka, P.S.- Dhaka, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

Gajala Khatoon D/O Akramul Haque R/O Vill.- Kathmaliya, P.S.Shikarganj, Dist.- East Champaran.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, A.P.P. For the O.P. No. 2 : Mr. Arun Kumar Bhagat, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 17-03-2026

Earlier, vide order dated 12.12.2025, the matter was

referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator’s Report (flag ‘M’), the mediation has failed.

Heard learned counsel for the parties.

The petitioner apprehends arrest in a case registered for the offences punishable under Sections 115(2), 85, 303(2), 352(2), 3(5) of the Bharatiya Nyaya Sanhita.

As per prosecution case, marriage of complainant was solemnized with this petitioner in the year 2020. Thereafter, it is alleged that complainant was subjected to torture and cruelty due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.84259 of 2025(5) dt.17-03-2026 2/3

Learned counsel for the petitioner, while denying the allegations levelled against him, submits that petitioner, who is husband of the complainant, is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to the informant by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

In view of the aforesaid undertaking of learned counsel for the petitioner that petitioner is ready to give Rs. 3000/- per month to the complainant by way of temporary relief/solace, starting from this month, this anticipatory bail application is allowed.

Let the above-named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, East Champaran, Motihari in connection with Complaint Case No. 252 of 2024, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on the following conditions:-

‘(1) Complainant would file an affidavit before the

Patna High Court CR. MISC. No.84259 of 2025(5) dt.17-03-2026 3/3

court below and bring on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the complainant.

(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.’

(Prabhat Kumar Singh, J)

Navya/-

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