Mohammad Akhlak Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26152 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== Mohammad Akhlak Mallick S/o Md. Iqbal Mallik @ Ekabal Mallik R/o Village- Panahkola, P.O. and P.S.- Madhupur, District- Deoghar (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shaista Bano W/o Md. Akhlak Mallik, D/o Md. Sahood R/o Vill.- Sadhmaph, P.S.- Halsi, Distt.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Jain For the State :

Mr .Ajay Kumar Jha For the O.P. No. 2 Mr. Parmanand Pd. Nr. Sahi ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The parties to the proceedings are also present.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A, 341, 323, 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It appears from the last order dated 17.06.2025 the petitioner had shown his willingness to take his wife along with him. Today also, the petitioner is agreeable on taking his wife to his house at Madhupur however, it is made clear that the petitioner is working at Kolkata and he keeps coming to his

Patna High Court CR. MISC. No.26152 of 2025(4) dt.23-06-2025 2/3 house at Madhupur. The petitioner has further stated that as of now he has an accommodation problem at Kolkata since he is a labour and he stays along with others and hence, he is not in a position to keep his wife along with him at Kolkata. However, as soon as he makes a separate arrangement, he would take his wife from his house at Madhupur or from her paternal home to Kolkata at his work place. Today, the informant has also appeared and as of now she is ready to go along with the petitioner to his home at Madhupur from the Court premises itself.

4. Further, the petitioner makes an offer that in the meantime, till the petitioner takes his wife along with him to his work place, he would be sending an amount of Rs. 1500/- per month in the name of his wife for her expenses.

5. It is needless to say that once the informant joins her husband her at work place in the matrimonial house hold, the payment of Rs. 1500/- would automatically stop.

6. In such view of the matter, let the above named petitioner, be released on provisional bail for a period of six months, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.26152 of 2025(4) dt.23-06-2025 3/3 court in connection with Halsi P.S. Case No. 113 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

7. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today.

8. It is made clear that after six months both the petitioner and the informant would appear before the learned court below and upon satisfaction of both the parties and upon satisfaction of the Court, the provisional bail would be confirmed.

9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T