Md. Sajjad @ Sajjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17885 of 2025 Arising Out of PS. Case No.-2446 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Sajjad @ Sajjad Son of Late Irfan Resident of village -Ramnagar, ward no 03, police station -Palasi District -Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gufrana Daughter of Baharuddin @ Faruddin village- Mehdipur, ward no. 13, Ps- Kochadhaman, Dist- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Anamul Haque, Advocate For the State :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner, Mr. Anamul Haque, learned counsel for the informant/complainant and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No.2446 of 2023, for the offences punishable under Sections 323, 341, 498A of the Indian Penal Code.
3. According to prosecution case, the complainant Gufrana filed a case alleging that she married Md. Sajjad four years ago, receiving ₹2 lakh and household items as gifts. She was treated well for six months, but later discovered that Sajjad
2/4 had a first wife, which had been concealed. On protesting, she was assaulted by Sajjad and his family despite a community meeting (Panchayati). She further alleged that some accused tried to kill her, shared her photos online, and her husband pressured her to have physical relations with another person. After her father's death, they demanded ₹8 lakh from her share of land and, when she did not comply, tortured and expelled her from the house.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation, as levelled in the complaint petition, is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition and the petitioner has been made accused in the present case merely on the ground that the petitioner is the husband of the complainant and complainant is the second wife of the petitioner.
5. Learned counsel for the petitioner, on instructions, submits that petitioner is ready to pay Rs.3000/- (Three Thousand) per month to the complainant as interim maintenance till the disposal of the maintenance case, if any.
6. The learned counsel for the complainant on the
3/4 other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the behavior of the petitioner is not good and the complainant has been harassed by the petitioner.
7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 learned Judicial Magistrate-First Class, Araria, in connection with Complaint Case No.2446 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall pay Rs.3000/- (Three Thousand) per month as interim maintenance to the complainant in her bank account bearing Account No. 37239473086, IFSC Code : SBIN0011809, Name : Gufrana residing at Bahadurganj, District Kishanganj, Bihar. The amount shall be deposited from the month of July 2025 itself and if the petitioner fails to pay interim amount of Rs. 3000/- (Three Thousand) per month
4/4 maintenance to the complainant, the complainant shall be at the liberty to move before the appropriate forum for cancellation of bail bonds of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. And further condition that the 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.
(Rajesh Kumar Verma, J) sharun/- U T