Munazeer Alam @ Munazeer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13885 of 2025 Arising Out of PS. Case No.-385 Year-2023 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Munazeer Alam @ Munazeer Son of Saidul Rahman Resident of Village - Satbhitha, P.S. - Kochhadhaman, District - Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahansah Begum Wife of Munazeer Alam @ Munazeer Resident of Village - Satbhitha, P.S. - Kochhadhaman, District - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha, Adv.

For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner, State and the informant.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 385 of 2023 for the offence registered under sections 147, 323, 498A/ 34 of the IPC and 3, 4 of Dowry Prohibition 1961 Act.

3. As per the prosecution story, the informant alleged that she was married to the petitioner but was always assaulted for dowry, fed up with the said behavior, the case.

4. Learned Counsel for the petitioner, at the outset, submits that he used to take care of his wife and still is ready to keep her with full dignity and honour. He is working outside and shall be immediately taking her to his home in a week from today

Patna High Court CR. MISC. No.13885 of 2025(3) dt.02-07-2025 2/3 if the lady is inclined to accompany him.

5. The informant has appeared through her counsel and it is his submission that she also is willing to leave the past and move ahead with her husband.

6. Considering the submissions that has come before this Court, both the parties are ready to continue with their marital status, in that background, this Court is inclined to extend the petitioner the privilege of anticipatory bail subject to the following conditions:

(i) the petitioner shall be visiting the house of the complainant on 10.07.2025 and shall be taking her back to his home;

(ii) thereafter, he shall appear before the Court with a proper petition and the Court concerned shall see to it that he has taken his wife to his home and she is present along with him when he prefers a petition along with the order of this Court to check her bona fide, the official document may also be perused.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sub-Divisional Judicial Magistrate, Kishanganj in connection with Complaint Case No. 385 of 2023 subject to condition as laid down under

Patna High Court CR. MISC. No.13885 of 2025(3) dt.02-07-2025 3/3 Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his 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 appear before the concerned police station every fortnight for next six months to mark attendance;

(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;

(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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T