Gulam Sarbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27745 of 2025 Arising Out of PS. Case No.-615 Year-2023 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Gulam Sarbar Son of Naziruddin R/o Village- Chandbhitta Kumhiya Ward No 15, PO - Tarabari, PS- Garbandanga, Dist- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rawnnak Jahan Wife of Gulam Sarabar Village- Chandbhitta kumhiya ward no 15, Po- Tarabari, PS- Garbandanga, Dist- Kishanganj At P/A- Residing at D/o- Abdus Salam, Village- Domohni, ward no. 4, Po- Bangama, PsBahadurganj, Dist- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Dr. (Mr.) Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 506, 379, 498(A) and 34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the case was taken up on 07.05.2025 when notices were issued on opposite party no. 2. It is further submitted that from perusal of the office report dated 08.07.2025, it would manifest that the same records that registered cover notice has been received by the opposite party no. 2. It is next submitted that opposite party

Patna High Court CR. MISC. No.27745 of 2025(3) dt.13-08-2025 2/3 no. 2 despite receiving notice chooses not to appear.

4. Learned counsel for the petitioner submits that petitioner being the husband has been falsely implicated in the instant case by the opposite party no. 2. It is further submitted that elder sister of the opposite party no. 2 was married to the petitioner and after the death of the sister of the opposite party no. 2, the family members of the opposite party no. 2 got her married to the petitioner. It is next submitted that it appears that opposite party no. 2 is not interested in reviving her conjugal relationship. It is also submitted that petitioner being the husband of the opposite party no. 2 is aware of his responsibility and is willing to pay a monthly maintenance of Rs.4,000/- to the opposite party no. 2 which shall commence from 01.09.2025.

5. Learned A.P.P. for the State, at this stage, submits that a very fair submission has been made by the learned counsel appearing on behalf of the petitioner in absence of the opposite party no. 2.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

Patna High Court CR. MISC. No.27745 of 2025(3) dt.13-08-2025 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Complaint Case No. 615 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that opposite party no. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner in the event the petitioner does not deposit/give the amount of maintenance as agreed for two consecutive months.

(Satyavrat Verma, J) Kundan/- U T