Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30902 of 2025 Arising Out of PS. Case No.-412 Year-2023 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Aftab Alam Son of Late Gulab Ansari Resident of Mohalla- Nazani Chowk, Bettiah, Ward No. 14, P. S.- Bettiah Town, District- West Champaran. ... ... Petitioner

Versus

1.

The State of Bihar 2.

SOGRA KHATOON Wife of Aftab Alam, Daughter of Mohammad Gaffar Ansari Resident of Mohalla- Baswariya Ghusukpura, Ward No. 20, P. S.- Bettiah Town, District- West Champaran.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Kishor Singh,. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Complaint Case No. 412C of 2023 registered for the offences punishable under Section 498A of the Indian Penal Code corresponding to section 85 and 86 of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and Section 3⁄4 of the Dowry Prohibition Act.

3. As per complaint, it is alleged against petitioner to commit cruelty upon the complainant

Patna High Court CR. MISC. No.30902 of 2025(8) dt.06-01-2026 2/3 alongwith his family members due to nonfulfillment of demand of dowry as raised for a cash of Rs. Two Lakhs for starting business.

4. It is submitted by learned counsel appearing on behalf of the petitioner that complainant/O.P. No. 2 herself left her matrimonial home as she was not desirous to continue her married life with this petitioner. It is submitted that complainant/O.P. No. 2 solemnized another marriage with one Hakique Ansari, son of Alim Ansari, resident of village - Bharpatia, Ward No. 13, Panchayat - Guruwaliya, P.S. - Manuapul, District - West Champaran, and they are living together as husband and wife. This fact was brought on record through supplementary affidavit dated 24.11.2025 (Annexure '3'). Petitioner claimed clean antecedent.

5. Despite service of notice, non-appeared on behalf of the complainant/O.P. No. 2.

6. Learned A.P.P. for the State is present.

7. In view of aforesaid factual submission and by taking note of the fact as the

Patna High Court CR. MISC. No.30902 of 2025(8) dt.06-01-2026 3/3 complainant/O.P. No. 2 solemnized marriage with another person as discussed aforesaid, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bettiah, West Champaran/ concerned court in connection with Complaint Case No. 412C of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T