Md. Hatim @ Hatim Alam @ Md. Hatim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3402 of 2026 Arising Out of PS. Case No.-985 Year-2020 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Md. Hatim @ Hatim Alam @ Md. Hatim Alam S/O Abdul Salam @ Salam Alam Resident of Akhitiyarpur, P.S.- Rauta, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ishrat Jahan W/O Md. Hatim @ Hatim Alam, D/O Md. Ainul Haque @ Kaila Resident of Dharia, P.S.- Amour, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Niharika Rani, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, A.P.P.
For the O.P. No. 2 :
Ms. Divya Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2026 Earlier, vide order dated 09.04.2026, 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, due to non-appearance of Opposite Party No. 2.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. As per prosecution case, marriage of complainant was solemnized with this petitioner in the year 2019. Thereafter, it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.3402 of 2026(4) dt.22-06-2026 2/3 cruelty due to non-fulfillment of demand of dowry.
5. 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. 5000/-per month to the complainant by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned counsel for the petitioner that petitioner is ready to give Rs. 5000/- per month to the complainant by way of temporary relief/solace, starting from this month, this anticipatory bail application is allowed.
7. 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 Chief Judicial Magistrate, Purnea in connection with Complaint Case No. 985 of 2020, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on the following conditions:-
Patna High Court CR. MISC. No.3402 of 2026(4) dt.22-06-2026 3/3 '(1) Complainant would file an affidavit before the 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/- U T