Azmuddin @ Md Ajruddin Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49936 of 2025 Arising Out of PS. Case No.-615 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Azmuddin @ Md Ajruddin Ray S/O Late Fugena Rai Ressident of Villkhusbansi Nagar, P.S- Dhaka, Dist- East Champaran. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Rakeeba Khatoon D/O Basir Miya, W/O Azmuddin @ Md. Ajruddin Ray R/O Village- Babhnaulia, P.S- Turkauliya, Distt.- East Champaran. Permanent Add. Village- Kushwansi Nagar, P.S- Dhaka, Distt.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-11-2025 Heard learned Advocate for the petitioner and learned APP for the State as well as learned Advocate for Opposite Party No.2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 615 of 2023, registered for the offences punishable under Sections 323, 498(A) of the Indian Penal Code.

3. The marriage of the petitioner with O.P.No.2 was solemnized long back in the year 2018. However, soon after the marriage, she was tortured and assaulted on account of nonfulfillment of demand of dowry. It is also alleged that petitioner

Patna High Court CR. MISC. No.49936 of 2025(3) dt.04-11-2025 2/3 has also solemnized second marriage, hence the complaint.

4. Learned Advocate for the petitioner submitted that the petitioner has always been ready to keep O.P.No.2 as his wife with full honour and dignity, but she does not want to reside with the petitioner. Moreover, the allegation of demand of dowry after such a long delay does not inspire confidence. Petitioner undertakes that he is ready to pay a sum of Rs. 2,500/- per month for her maintenance, till any order is passed by a competent Court.

5. On the other hand, learned Advocate for the State and the complainant vehemently opposed the bail application and submits that petitioner has already solemnized second marriage and as such there is least chance of restitution of conjugal life.

6. Be that as it may, considering the fact that the dispute has arisen on account of matrimonial discord between the husband and wife coupled with undertaking of the petitioner that he is ready to pay a sum of Rs. 2,500/- to the complainant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned 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

Patna High Court CR. MISC. No.49936 of 2025(3) dt.04-11-2025 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. 615 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS, with further following conditions:- (I) One of the bailors shall be the own/close family members of the petitioner.

(II) The petitioner shall deposit Rs.2500/- in the bank account of O.P. No.2 on the last week of every month. The payment shall be started from the month of November, 2025. (Harish Kumar, J) manish/- U