Abdul Samad @ Samad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26756 of 2025 Arising Out of PS. Case No.-1459 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Abdul Samad @ Samad Ali S/O Aash Mohammad Vill.- Balalnagar, Jhala, P.S.- Tedhagachh, Dist.- Kishanganj ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bibi Faride D/O Abdul Salam @ Md. Salam, W/O Abdul Samad R/O Vill.- Tengapur, P.S.- Jokihat, Dist.- Araria, At Present- Vill.- Balalnagar, Jhala, P.S.- Tedhagachh, Dist.- Kishanganj.

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

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Advocate :

Mr. Vijay Kishore Bharti, Advocate For the State :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-08-2025 Heard Mr. Pankaj Kumar Jha, learned counsel for the petitioner and learned APP representing the State as also Mr. Shashidhar Jha, learned counsel representing the informant.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1459 of 2019, registered for the offence punishable under Sections 323, 341, 498(A) and 504 of the Indian Penal Code, lodged by the complainant Bibi Faride.

3. As per the prosecution story, the informant alleged that the marriage was solemnized in the year 2019 and dowry was given but later she was tortured for dowry due to nonfulfillment, thrown out. This led to the complaint.

4. Subsequently, as the events unfolds the petitioner moved before this Court, taken up by a coordinate Bench on

Patna High Court CR. MISC. No.26756 of 2025(3) dt.20-08-2025 2/2 16.05.2025 and the matter was referred to the Mediation Centre.

5. A Mediation Centre Report has come dated 31.07.2025 according to which despite best of effort, it failed.

6. Learned counsel for the petitioner submits that they are bell bent upon sending the petitioner to jail on one or the other false allegation and in continuation another F.I.R. has been lodged annexed as Annexure-2. Still, he wants to keep his wife with dignity and honor.

7. Learned counsel for the informant on the other submits that before the Mediators he made a categorical statement that the petitioner has solemnized the second marriage, can keep her also as one of his wife. Earlier, also he has tortured forcing her to give out of the board.

8. Considering the submissions of the parties as also the event that has unfold and the statement of the learned counsel for the informant unrebutted , it would be appropriate that the petitioner seek bail.

9. Accordingly, the bail application stands rejected. (Rajiv Roy, J) vinayak/- U T