Md. Shahabuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21213 of 2025 Arising Out of PS. Case No.-237 Year-2022 Thana- COMPLAINT CASE - BENIPUR District- Darbhanga ====================================================== Md. Shahabuddin, Son of Late Md. Munna, Resident of Village and P.O.- Musapur, Police Station- Bahadurpur, District- Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kanij Fatma, wife of Md. Shahabuddin, R/O Village and P.O. - Musapur, Police Station - Bahadurpu, District - Darbhanga, at present C/o. Abdul Bari, Resident of Village and P.O.- Badarbanna (Sripampur) P.S.- Bahera, DistrictDarbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhas Ranjan, Advocate For the Opposite Party No.1 :
Ms. Pushpa Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. None appears on behalf of the opposite party no.2.
3. Petitioner apprehends his arrest in connection with C.R. No.237 of 2022 registered for the offences under Section 498(A) of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.
4. At the outset, learned counsel for the petitioner submits that the matter was earlier referred before the Mediation Center and a report has been furnished by the learned Mediator and from the perusal of the same, it would be evident that the
Patna High Court CR. MISC. No.21213 of 2025(4) dt.16-12-2025 2/3 parties have compromised and, they are living together as husband and wife and it has also been decided as contemplated in paragraph '4' of the report that all the cases pending between the parties shall be withdrawn.
5. The present application arose from a matrimonial discord with regard to torture and demand of dowry between the parties.
6. Considering the aforesaid mediation report and taking into account that the parties have settled their matrimonial discord and are staying together, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with C.R. No.237 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present
Patna High Court CR. MISC. No.21213 of 2025(4) dt.16-12-2025 3/3 in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T