Md. Safdar Husain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25781 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- MAHILA PS District- Khagaria ====================================================== Md. Safdar Husain Son of Late Tajammul Husain village- ward no. 16, Bishnupur Ashok, Ps- Sahebpur Kamal, Dist- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Zahida Parveen Wife of Md. Safdar Husain, D/o- Md. Kamruzama villageWard no. 2, Choti Balha, Ps- Mansi, Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. S.K. Lal, Sr. Advocate Mr. Pritish Kumar Lal, Advocate For the State :
Mr. Kumar Ranjit Ranjan, APP For the Informant :
Mr. Samrendra Kumar Jha, Advocate Mr. Kumar Abhishek, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2025 Heard learned senior counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2.
2. The petitioner, husband of the informant/Opposite Party No. 2, apprehends his arrest in a case registered for the offence punishable under Sections 498A, 341, 323, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. Earlier, vide order dated 06.08.2025, the matter was referred to Mediation and Conciliation Centre, Patna High
Patna High Court CR. MISC. No.25781 of 2025(4) dt.24-11-2025 2/3 Court. From perusal of mediator's report dated 18.11.2025 it is apparent that despite best efforts, the dispute between the parties could not be resolved through the process of mediation.
4. As per prosecution case, marriage of informant/Opposite Party No. 2 was solemnized with this petitioner and thereafter, all the F.I.R. accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, the informant/Opposite Party No. 2 was subjected to cruelty and harassment.
5. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the F.I.R.. As a matter of fact, petitioner never committed torture to informant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the informant/Opposite Party No. 2. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.25781 of 2025(4) dt.24-11-2025 3/3
7. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to informant/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 learned Sub-Divisional Judicial Magistrate, Khagaria in connection with Mahila P.S. Case No. 51 of 2024, subject to condition as laid down under Section 482(2) of B.N.S.S. with further following conditions: "(A.) Informant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(B.) Petitioner would deposit the aforesaid aforesaid amount per month in the saving bank account of the informant/Opposite Party No. 2 .
(C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) 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) shashank/- U T