← Library
Patna High CourtCR. MISC./40316/2025bail granted

Md. Shahjad @ Md. Sahjad Alam v. The State Of Bihar

2026-06-18Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40316 of 2025 Arising Out of PS. Case No.-741 Year-2022 Thana- COMPLAINT CASE - HILSA DistrictNalanda ====================================================== Md. Shahjad @ Md. Sahjad Alam S/o Late Vakil Ahmed R/o Shakin Pilkhi, P.S.- Khudaganj, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Farzana Khatoon W/o Md. Shahjad At present resident of Shakin Pilkhi, P.S.- Khudaganj, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashwat Pratyush For the Opposite Party/s :

Mr. Mr. Jitendra Kumar Singh, Ld. App Mr. Garari Mukharjee Mr. Ajay Mukherjee Mr. Shambhu Sharan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-06-2026 Heard the learned counsel for the petitioner, the learned APP for the State and the learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Complaint Case No. 741 of 2022 in which cognizance has been taken under Sections 498A and 323 of Indian Penal Code and Section 3⁄4 of the D Act.

3. As per the prosecution case, the petitioner and other accused persons are alleged to have assaulted and tortured the complainant on account of non-fulfillment of demand for dowry.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence.

Patna High Court CR. MISC. No.40316 of 2025(8) dt.18-06-2026 2/3 It is further submitted that pursuant to the order dated 19.02.2026 passed by this Court, the petitioner is regularly paying a sum of Rs.10,000/- per month towards maintenance to the complainant.

5. Learned APP for the State and the learned counsel for the O.P. No. 2 have vehemently opposed the prayer for bail. It is submitted by the learned counsel for the O.P. No. 2 that a maintenance case has been filed by the O.P. No. 2 in the Court of Principal Judge, Family Court, Nalanda at Biharsharif.

6. Having regard to the nature of accusation, the submissions advanced on behalf of the parties and the facts and circumstances of the case, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Complaint Case No. 741 of 2022 subject to the conditions as laid down under Section 482(2) of the BNSS and with a further condition that the petitioner shall regularly pay the maintenance

Patna High Court CR. MISC. No.40316 of 2025(8) dt.18-06-2026 3/3 amount of Rs. 10,000/- (Rupees Ten Thousand only) per month to the complainant until the final disposal of the Maintenance Case pending before the Court of the Principal Judge, Family Court, Nalanda at Biharsharif.

8. The Principal Judge, Family Court, Nalanda at Biharsharif is directed to hear the maintenance case filed by the O.P. No. 2 on a priority basis and decided the same expeditiously, preferably within a period of three months from the date of receipt/communication of a copy of this order.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

10. Let a copy of this order be communicated to the Principal District & Sessions Judge, Nalanda at Biharsharif through FAX or e-mail for immediate compliance. (Sandeep Kumar, J) Shishir/- U T