Md. Saud Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17240 of 2025 Arising Out of PS. Case No.-3 Year-2024 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Saud Alam Son of Tasleem Resident of Village - Balua, Ward No. 12, P.S. - Jokihat (Mahalgaon), District - Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Khushtavi Wife of Md. Saud Alam, Daughter of Naushad Resident of Village - Balua, Ward No. 12, P.S. - Jokihat (Mahalgaon), District - Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mrs.Madhuri Lata, APP Mr. Anamul Haque, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for complainant / opposite party no. 2.
2. The petitioner who is husband of complainant/opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 341, 323, 379, 498(A), 504, 506, 120(B)/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
3. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition
Patna High Court CR. MISC. No.17240 of 2025(2) dt.08-04-2025 2/3 and submits that he never committed torture to opposite party no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.
5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner 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 learned C.J.M., Araria in connection with Complaint Case No. 03 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the
Patna High Court CR. MISC. No.17240 of 2025(2) dt.08-04-2025 3/3 aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) 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) anay U T