Emtiyaz Ahmad Nazmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7880 of 2026 Arising Out of PS. Case No.-659 Year-2024 Thana- COMPLAINT CASE - SHERGHATI District- Gaya ====================================================== Emtiyaz Ahmad Nazmi Son of Late Atique Pallavi Resident of VillageMundariya, P.S.- Lesliganj, District- Palamu (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahtaba Praveen D/o Javed Imam, W/o Imtiyaz Ahmad Nazmi Resident of Village- Munderiya, P.S.- Lesliganj, District- Palamu (Jharkhand). Present Address- Naihar Village- Hamjapur, P.S.- Amas, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2026 Heard Mr. Dhananjay Kumar, learned counsel for the petitioner, the State, as also Mr. Devanand Tiwari, learned counsel representing the informant.

2. The petitioners are apprehending their arrest in connection with Complaint Case No. 659 of 2024 for the offence under section 85 of the B.N.S lodged by Mahtaba Praveen.

3. The petitioner and opposite party no. 2 are a married couple and the complaint shows that immediately after the marriage, she was tortured for dowry and finally in the month of June 2022, she was kicked out from the in-laws'

2/4 house. This led to the complaint.

4. Earlier, after the appearance of the opposite party no. 2, the Coordinate Bench sent the matter to the Mediation Center on 05.05.2026 but the report dated 06.07.2026 shows that: it failed.

5. Learned counsel for the petitioner submits that though he wanted to continue his marriage, since the opposite party no. 2 is not ready to return, he wants to give economic support to her by payment of rupees 6,00,000/- through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch.

6. Learned counsel for the complainant, on instruction, submits that she is ready to accept the aforesaid amount being out of her in-laws' house since the year 2022 and is in a very bad condition.

7. Taking into account the fair stand taken by both the parties, this Court is inclined to extend relief to the petitioner subject to payment of Rs. 6,00,000/- through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch which shall go in the bank account of the lady (opposite party no. 2) and the details of the demand draft has to be presented at the time of execution of the bond.

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8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Sherghati, Gaya Ji in connection with Complaint Case No. 659 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Sanny/- U T