Md. Reyajuddin @ Riyajuddin @ Riyajuldin @ Md. Reyajul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25851 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md. Reyajuddin @ Riyajuddin @ Riyajuldin @ Md. Reyajul, S/o Hakim Mian, Resident of vill - Chandpur, P.S- Parsa, Distt.- Chhapra. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Sabana Khatoon D/o Late Amin Mian R/o Bajhiya, P.S.- Kotwa, Distt.- East Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Kundan Rathore Alias Kundan Kumar, Advocate For the State : Mr. Ram Anurag Singh, APP For the Informant : Mr. Abhishek Kumar, Advocate Mr. Sagar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No.C-199 of 2024, dated23.01.2024, field for the offences punishable under Sections 323, 341, 498A of the Indian Penal Code but learned Court has taken cognizance under Section 323, 498A, 34 of the Indian Penal Code.
3. As per allegation, after marriage, additional demand of dowry started and on account of non-fulfillment of the same, she has been subjected to cruelty and she was also threatened
Patna High Court CR. MISC. No.25851 of 2025(3) dt.23-07-2025 2/3 that the petitioner would re-marry another girl and ultimately, she has been ousted from the matrimonial home along with two minor children.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation. As a matter of fact, the petitioner is labourer working in Delhi and when he went Delhi for work, the Complainant/wife developed illicit relationship with a co-villager of her maike. He further submits that the maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the
Patna High Court CR. MISC. No.25851 of 2025(3) dt.23-07-2025 3/3 date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Complaint Case No.C-199 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T