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Patna High CourtCR. MISC./28797/2025bail granted

Md. Munajir @ Mohammad Munajir @ Munajir v. The State Of Bihar

2025-05-07Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28797 of 2025 Arising Out of PS. Case No.-2051 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Munajir @ Mohammad Munajir @ Munajir, S/o Md. Halim @ Haleem, Resident of Village-Masuria, Ward No. 11, P.S.-Mahalgaon (Jokihat), Distt.- Araria ... ... Petitioner

Versus

1.

The State of Bihar 2.

Saba Tarannum, W/o Md. Munajir, D/o Noor Alam, R/o village-Diyari Majgama, Ward No. 6, P.S.- Araria, Distt.- Araria ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Ms. Kanchan Jha, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP for the O.P. No.2 :

Mr. Gopal Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel appearing for O.P. No.2.

2. The accused/petitioner is apprehending his arrest in connection with Araria Complaint Case No.2051 of 2023 in which cognizance has been taken under Sections 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The allegation against the petitioner is to commit cruelty upon O.P. No.2 along with family members/coaccused.

4. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.28797 of 2025(2) dt.07-05-2025 2/3 the petitioners that the allegation of second marriage is completely baseless and petitioner is ready to furnish this statement on affidavit. It is submitted that the allegation qua alleged cruelty is appearing general and omnibus against the petitioner. It is submitted that as petitioner is a very poor person, he could not complied with the direction of learned Principal Judge, Family Court to pay Rs.1,500/- per month as interim maintenance to O.P. No.2. However, it is submitted that now petitioner is ready to pay Rs.2,000/- per month to O.P. No.2, where Rs. 500/- be deducted from the arrears.

5. The aforesaid proposal was not objected by Mr. Gopal Kumar Jha, learned counsel appearing for O.P. No.2.

6. In view of aforesaid factual submissions, as allegation qua alleged cruelty appears general and omnibus, coupled with the fact that the petitioner is ready to pay interim maintenance amount of Rs.1,500/- along with arrears, as submitted aforesaid, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.28797 of 2025(2) dt.07-05-2025 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Araria Complaint Case No.2051C of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS and with further conditions:- (i) That the petitioner is directed to pay Rs.2,000/- to O.P. No.2 at the time of furnishing bail bond.

(ii) That for further payment, learned counsel appearing for O.P. No.2 is directed to supply bank details of O.P. No.2 to the petitioner as to enable him payment from June2025 to bank account of O.P. No.2. (Chandra Shekhar Jha, J.) Sanjeet/- U T