Md. Rahbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32544 of 2024 Arising Out of PS. Case No.-487 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. RAHBAR SON OF MD. JUMMAN RESIDENT OF GHAT TOLA, HAKKA, P.S. - AMOUR, DISTRICT - PURNEA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

BIBI RAHILA PRAVEEN WIFE OF MD. RAHBAR, DAUGHTER OF MD. GYAS RESIDENT OF GERIA, P.S. - JALALGARH, DISTRICT - PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Niharika Rani, Adv For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2026 Heard the parties.

2. The petitioner is named in the complaint and apprehending his arrest in connection with Complaint Case No. 487 of 2022 registered for the offences punishable under Sections 498-A of the Indian Penal Code.

3. As per complaint, petitioner alleged to commit mental and physical cruelty upon complainant due to non-fulfillment of Rs. 1 lakh. It is also alleged that petitioner assaulted complainant on several occasions in drunken condition.

4. It is submitted by learned counsel appearing on behalf of the petitioner that this is a third marriage of complainant and she has not taken divorce from her earlier two husbands. It is submitted that present allegation is only raised to solemnize marriage with petitioner, which is otherwise against personal law

Patna High Court CR. MISC. No.32544 of 2024(4) dt.29-01-2026 2/2 of the parties and moreover allegation qua committing physical and mental cruelty appears very much general and omnibus in nature. While concluding argument, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Despite valid service of notice, complainant/O.P. No. 2 failed to join the present proceedings.

7. In view of aforesaid factual submission and by taking note of fact as prima-facie allegation qua committing physical and mental cruelty appears very much general and omnibus in nature, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be 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 J.M. 1st Class, Purnea/concerned Court, where the case is pending in connection with Complaint Case No. 487 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T