Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42903 of 2025 Arising Out of PS. Case No.-861 Year-2024 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Irfan Son of Md Abbas Resident of Dumrama, P.S.- Amarpur, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Maher Praveen Wife of Md. Irfan, D/O- Md Azad Resident of VillageRahmaniganj Kajraili, P.s.- Kajraili, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard Mr. Rajive Ranjan Singh, learned counsel appearing on behalf of the petitioner and Mr. Mithlesh Kumar Khare, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 861 of 2024 registered for the offence punishable under Sections 323, 498(A), 324, 504, 342 and 506/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. The matter relates to matrimonial dispute between the petitioner and the opposite party no.2 who are husband and wife. Allegation is that of assaulting the opposite party no.2 for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged in the complaint. He further

Patna High Court CR. MISC. No.42903 of 2025(2) dt.16-07-2025 2/2 submits that the petitioner is ready to keep his wife with full honour and dignity. Earlier, the petitioner was granted anticipatory bail for one month by the learned District Court, but the bail bond of the petitioner was rejected because he had not tendered his appearance on the date fixed by the trial court.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the complaint, as well as, the rival submissions made on behalf of the parties and the fact that the petitioner is ready to keep his wife with full honour and dignity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Complaint Case No. 861 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T