Md. Sarbar @ Md. Sarwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31462 of 2025 Arising Out of PS. Case No.-2308 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. SARBAR @ MD. SARWAR S/o- Abul Kashim @ Mahmad Kasim @ Abdul Kasim Village- Ajrail @ Aphrail Ps- Balrampur Dist- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Enjana Khatoon W/o- Md. Sarwar, D/o- Fajlu Rahman Village- Ajrail @ Aphrail Ps- Balrampur Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-12-2025 Heard the learned counsel for the parties.
2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, registered in connection with Complaint Case No. 2308/2022.
3. The marital discord between the couple has given rise to the present litigation.
4. Earlier, the matter was referred to the Patna High Court Mediation and Conciliation Centre to shed the differences between the warring couple. The report of the learned Mediator dated 30.10.2025 at Flag-M shows that the process of mediation could not fructify and hence the
Patna High Court CR. MISC. No.31462 of 2025(5) dt.03-12-2025 2/2 mediation failed.
5. The learned counsel for the petitioner submits that the petitioner is a labourer and he does not have such robust financial wherewithal to provide maintenance to o.p.no.2, as proposed by this Court.
6. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Katihar in connection with Complaint Case No. 2308/2022, subject to the condition that the petitioner shall make payment of Rs. 3000/- (Rupees three thousand) per month, as an interim maintenance, to the opposite party no.2.
(Nawneet Kumar Pandey, J) HR/- U T