Niyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5103 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== NIYAZ AHMAD S/O- MD. ABBAS Village- Bauram Ps- Jamalpur OP Bargaon Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sadiya Noor D/o- Noor Hasan Village- Maubelt Ps- Bajitpur DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisu Zzoha, Adv.

For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-11-2025 Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Darbhanga Mahila P.S. Case No. 111 of 2024, registered for the offences punishable under Sections 85, 351(2), 352, 126(2), 115(2) of the BNS.

3. It is a case of matrimonial dispute. The informant is wife of the petitioner. She alleges atrocities by her husband and his family members for non-fulfillment of demand of dowry and ultimately she was ousted from her matrimonial house.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is ready to pay Rs. 7,000/- per month as interim maintenance to opposite party no. 2 and her minor son. In addition to that amount, the

Patna High Court CR. MISC. No.5103 of 2025(3) dt.26-11-2025 2/2 petitioner shall also pay the medical expenses incurred upon her son.

5. On the other hand, the learned counsel for O.P. No. 2 has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 7,000/- per month as interim maintenance to opposite party no. 2, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Darbhanga Mahila P.S. Case No. 111 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

7. The petitioner is directed to pay Rs. 70,000/- per month as interim maintenance to opposite party no. 2 (the informant). The interim maintenance will be subject to any other order granted by any other Court of competent jurisdiction granting maintenance to Opposite Party No. 2 (the informant).

(Nawneet Kumar Pandey, J) Nirmal/- U T