Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44419 of 2025 Arising Out of PS. Case No.-1305 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Md. Shamim S/o Md. Sagir R/o vill - Dahsil Para, P.S.- Singhwara, Distt.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sabina Praveen D/o Md. Talim R/o vill - Dahsil Pera, P.S - Singhwra, Distt.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Darbhanga Complaint Case No. 1305 of 2023, registered for the offences punishable under Sections 498(A), 323, 504/34 of the Indian Penal Code.

3. It is a case of matrimonial dispute.

4. Vide order dated 15.10.2025, the matter was referred to the Mediation Centre. The report of the learned Mediator dated 01.12.2025 shows that the matter could not be resolved between the parties and therefore, the mediation failed.

5. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He is a person of clean antecedent. He has submitted further that the petitioner is ready to pay Rs. 6,000/- per month as interim

Patna High Court CR. MISC. No.44419 of 2025(4) dt.10-12-2025 2/2 maintenance to opposite party no. 2.

6. On the other hand, the learned counsel for O.P. No. 2 has opposed the prayer for bail.

7. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 6,000/- per month as interim maintenance to opposite party no. 2, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Complaint Case No. 1305 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

8. The petitioner is directed to pay Rs. 6,000/- per month as interim maintenance to opposite party no. 2 (the complainant). The interim maintenance will be subject to any other order granted by any other Court of competent jurisdiction granting maintenance to Opposite Party No. 2 (the complainant). (Nawneet Kumar Pandey, J) kundan/- U T