Md. Jafar Ali @ Md. Jafar @ Md. Zafar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15423 of 2026 Arising Out of PS. Case No.-2209 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Md. Jafar Ali @ Md. Jafar @ Md. Zafar S/O Md. Yunus R/o Vill- Dangraha, P.S - Kasba, District - Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rima Khatoon @ Reema Khatoon D/O late Md. Kasim R/o Vill- Dangraha, P.S - Kasba, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard Learned Counsel for the petitioner, Learned Counsel for the Informant and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner, who apprehends arrest in connection with Complaint Case No.2209 of 2019, lodged by virtue of complaint case, in which cognizance has been taken under Sections 323/341/354/504/506/376 of the Indian Penal Code.
3. Counsel for the petitioner submits that complaint was filed in the year 1990, cognizance was taken vide order
Patna High Court CR. MISC. No.15423 of 2026(2) dt.25-03-2026 2/3 dated 07.12.2020. Thereafter the parties entered into settlement under which the Nikah solemnized between the complainant and the petitioner on 03.04.2021. Learned Counsel for the petitioner submits that before Trial Court the Complainant appeared through the Counsel even then bail application had been rejected.
4. Here in the present case, Counsel for the complainant is present and submits that since marriage has been solemnized, therefore, a sympathetical view may be taken.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea, in connection with Complaint Case No. 2209 of 2019, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with further condition that:
I. One of the bailors shall be the Complainant.
Patna High Court CR. MISC. No.15423 of 2026(2) dt.25-03-2026 3/3 II. In future, if the husband tortures the complainant or leave the complainant due to any reason then the Trial Court shall cancel his bail bond.
(Dr. Anshuman, J) Mkr./- U T