Md. Gaffar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54812 of 2025 Arising Out of PS. Case No.-806 Year-2022 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Md. Gaffar S/O Md. Hassim R/O Village- Chandpura, Rasulpur, PS- Desari, District- Vaishali, State- Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Farida Khatoon R/O Madhopur Gazapatti, PS-Desari, Distt-Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2026 Heard learned counsel for the petitoiner and the State as also the informant.

2. The petitioner is apprehending arrest in connection with Complaint Case No. 806 of 2022 instituted under Section 498(A) of the Indian Penal Code lodged by the complainant, Farida Khatoon.

3. As per the prosecution story, the complainant alleged that the marriage took place in the year 2019 but she was always tortured for dowry and finally was ousted from the home which led to the present case.

4. Earlier, the coordinate bench issued notice and pursuant thereto, the opposite party no.2 has come. Both the sides have shown their inclination to continue their marital

Patna High Court CR. MISC. No.54812 of 2025(5) dt.19-03-2026 2/3 journey, in that background, this Court expects the husband to visit the house of the complainant by 26.03.2026 and shall be taking her to his home.

5. It is expected that he will keep his wife with full dignity and honour.

6. In that background, this Court is inclined to extend him the privilege of anticipatory bail. However, the complainant is allowed to reserve her right to take steps for cancellation of bail bonds, if the the petitioner behaves in a different manner.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Complaint Case No. 806 of 2022 to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) the petitioner shall be appearing before the police

Patna High Court CR. MISC. No.54812 of 2025(5) dt.19-03-2026 3/3 station as and when required for cooperating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T