Md. Jakir Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17145 of 2025 Arising Out of PS. Case No.-451 Year-2024 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Md. Jakir Hussain Son of Md. Wakiluddin Resident of Village- Borne, P.O. and P.s.- Gogri, Distt.- Khagaria ... ... Petitioner
Versus
1.
The State of Bihar Bihar 2.
Nazia Khatoon Wife of Md. Jakir Hussain, D/O- Md. Asgar Resident of Village- Khirniya, P.O.- Balha Bazar, P.S.- Mansi, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, A.P.P.
Mr. AK Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').
2. Heard learned counsel for the petitioner, the State and the opposite party no.2.
3. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 85, 82(1)/34 of the Bharatiya Nyaya Sanhita, 2023 and sections 3/4 of the D.P. Act.
4. Prosecution case in brief is that opposite party no.2 was married with the petitioner in 2022. After marriage, this petitioner along with other accused persons started demanding a motorcycle and Rs. 5 lacs cash as dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted opposite party no.2 and her girl child from her
Patna High Court CR. MISC. No.17145 of 2025(4) dt.11-08-2025 2/3 matrimonial house.
5. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.
6. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house. It is further submitted that she has no means of livelihood and is on the verge of starvation.
7. In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Complaint Case No. 451/2024, subject to the conditions laid down under section 4482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as on the following conditions:- (i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account
Patna High Court CR. MISC. No.17145 of 2025(4) dt.11-08-2025 3/3 number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.
(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Shashi U T