Patna High CourtCR. MISC./13538/2023disposed

Md. Aslam v. The State Of Bihar

2026-03-11Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13538 of 2023 Arising Out of PS. Case No.-80 Year-2021 Thana- MAHILA P.S. District- Saran ====================================================== MD. ASLAM Son of Akhtar Hussain R/o Mohalla- Imli Mohalla, Karim Chak, P.S.- Chapra Town, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar 2.

FIZA PREVEEN Wife of Md. Aslam, D/o Sagir Hassan R/o MohallaDahiyawa Amma Sahab ki Gali, P.S.- Town, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Smita Kumari, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-03-2026 Heard the parties.

2. The petitioner is in custody in connection with Saran Mahila P.S. Case No. 80 of 2021 registered for the offences under section 498A of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act lodged on 26.10.2021 by the informant, Fiza Farhin.

3. As per the FIR, the informant has alleged that she was married to the petitioner on 30.03.2017 and after her marriage, the accused persons including the petitioner herein tortured her for non-fulfillment of demand of dowry of Rs. Five Lakhs. It is further alleged that in the meantime, she became pregnant but the accused persons were not taking care of her and then she went to her parental home. It is further alleged that on 28.12.2017, she gave birth to a female child but despite on information, none of her inlaws came to see her. Accordingly the FIR was lodged and the petitioner was taken into custody.

Patna High Court CR. MISC. No.13538 of 2023(7) dt.11-03-2026 2/2

4. Earlier the case of the petitioner was heard and rejected on 28.09.2022 in Cr. Misc. No. 37372 of 2022 (Annexure 1 to the petition), whereafter, the present petition.

5. On 13.10.2023, while issuing notice to opposite party no. 2, the petitioner was released on provisional bail considering the period of custody. As there was no appearance, on 09.02.2024, again, direction was given to take steps for issuance of notice upon opposite party no. 2.

6. As the notice was received by the brother of the opposite party no. 2, on 09.01.2026, petitioner was directed to file jointness petition which has also come on record.

7. Learned counsel for the petitioner submits that all the directions issued earlier by this Court has been complied.

8. In that background, the provisional bail granted to the petitioner on 13.10.2023 stands confirmed. It is expected from the petitioner that he will act in accordance with law and further will do all the needful to take care of his wife.

9. The present bail application stands disposed of. (Rajiv Roy, J) Adnan/- U T