Ikbal Alam @ Ikval v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16008 of 2025 Arising Out of PS. Case No.-713 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Ikbal Alam @ Ikval S/O Mansur Alam R/O Village- Barchoundi, Kumhar Toli, P.S- Powakhali, Distt.- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reshma Begum D/O Islamuddin, W/O Ikbal Alam @ Ikval R/O VillageKoia, P.S- Jiyapokhar, Distt.- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-09-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Sunil Kumar, learned counsel for the informant and the APP Mr. Jitendra Kumar Singh.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 713 of 2023 for the offence registered under sections 498A, 323, 341, 325 and 308 of the Indian Penal Code by the Complainant, Reshma Begum.

3. As per the complainant, the marriage took place in the month of May, 2023 but soon thereafter she was assaulted and forced to leave the place in the month of September, 2023. Though the panchayat took place but since the accused chose to look the other way, the case.

4. Learned counsel for the petitioner submits that

2/5 there are certain issues which could not be resolved despite the matter having gone to the Mediation Center. However, as till any order comes, she is legally wedded wife, the petitioner on his own would like to contribute Rs. 6,000/- per month to her by 10th of every month directly in the bank account to show the bonafide, he shall be paying the September and October amount (Rs. 12,000/-) at one go whereafter every month Rs. 6,000/- shall be transferred.

5. Learned counsel representing the complainant opposes the prayer submitting that immediately after the marriage, the assaulted took place and despite the lady trying her best to save the marriage, she was thrown out and even during the panchayat, she was slapped causing injury and had to be treated by the Doctors.

6. Allegation is there, matter went to the Mediation Center, failed. Though considering the allegation that has come including the assault during the panchayat, at one stage, this Court wanted to reject the petition. However, since the petitioner on his own has decided to help the lady who is living with her parents, as also the fact that he has no criminal antecedent, in that background, this Court intends to allow the anticipatory bail with following condition:

3/5 (i) the complainant shall be opening a bank account in her name in a nearby nationalised bank like State Bank of India, Central Bank of India and/or Punjab National Bank. (ii) upon presentation of this order, the Branch Manager/Chief Manager of the nationalised bank where she presents the order shall be duty bound to help her in opening of the account without any unnecessary hassle before 10th of October, 2025 so that she can give the account number to the petitioner for deposition of the monthly amount which in October, 2025 shall be Rs. 12,000/- and thereafter Rs. 6,000/- per month;

(iii) if the complainant intends to stand on her own feet and approaches the concerned Block Development Officer, Thakurganj, the said Officer shall be duty bound to help her in becoming member of 'JEEVIKA' group and provide her work according to her choice and he/she shall be further duty bound to see to it that all the formalities are completed without making her run to the office. He/she shall be duty bound to take note of the order and do all the needful by providing the documents in her parents home;

(iv) the lady along with her father and one of the Constable deputed by the local police station Jia Pokhar shall be

4/5 visiting the house of the petitioner and the lady shall be entitled to the items that were presented by her parents at the time of marriage;

(v) the lady will be informing the petitioner side one week in advance before visiting the place so that they are able to present themselves at the time she visits her in-laws house. The 'Mukhiya' of that area shall be preparing a document to be signed by all the parties before the items are handed over to the complainant.

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 Sub Divisional Judicial Magistrate, Kishanganj in connection with Complaint Case No. 713 of 2023 subject to condition as laid down under 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

5/5 dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) 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;

(iv) 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) Raj Ranjan/- U T