Md. Sarfaraz @ Sharfarz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23126 of 2025 Arising Out of PS. Case No.-1250 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MD. SARFARAZ @ SHARFARZ ALAM Son of Taiyab Hussain R/o Vill.- Chak Fateh Ullah Mangrahi Bazar, P.S.- Mehsi, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Madina Khatoon Wife of Md. Sarfaraz @ Sharfarz Alam, Daughter of Karim Miyan, Resident of Vill Chak Fateh Ullah Mangrahi Bazar, At Present Vill.- Kothiya Hari Ram Pur Tola, Amwa Bazar, Both P.S.- Mehsi, District - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP For the Informant :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel appearing for the informant.

2. The accused/petitioner apprehending his arrest in connection with Trial No. 580 of 2024 arising out of Complaint Case No. 1250(C)/2024 registered for the offences punishable under Sections 498(A), 323, 341, 325, 307, 313, 314, 406, 379, 504, 506 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3. As per complaint, the allegation against the petitioner

Patna High Court CR. MISC. No.23126 of 2025(5) dt.20-01-2026 2/3 is to commit cruelty upon the complainant due to non-fulfillment of demand of dowry, as raised for one golden chain and bullet motorcycle alongwith other co-accused persons/family members.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the allegation qua demand of dowry is appearing very much general and omnibus against petitioner. It is also pointed out that injury report was not annexed with complaint petition and, moreover, the present complaint was filed with a delay of four months as the last occurrence as alleged took place on 24.01.2024.

5. Learned APP, duly assisted by learned counsel Mr. Mritunjay Kumar appearing on behalf of the informant, while opposing the prayer of bail submitted that petitioner is the husband facing allegation of physical assault, however, he could not explain that how this complaint was filed with a delay of about more than four months.

6. In view of aforesaid factual submissions and by taking note of fact as prima facie allegation qua demand of dowry and physical assault appears very much general and omnibus against petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be

Patna High Court CR. MISC. No.23126 of 2025(5) dt.20-01-2026 3/3 released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-10, East Champaran, Motihari/concerned Court, where the case is pending in connection with Trial No. 580 of 2024 arising out of Complaint Case No. 1250(C)/2024 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T