Md. Molajim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57608 of 2025 Arising Out of PS. Case No.-877 Year-2009 Thana- COMPLAINT CASE District- Supaul ====================================================== Md. Molajim S/o Md. Sattar R/o Village- Kathara, P.S.- Chhatapur, DistrictSupaul .. ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lagina Khatoon W/o Md. Molajim, D/o Md. Ahsan R/o Village- Kathara, P.S.- Chhatapur, District- Supual ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate :

Mr. Mirza Ahraz Baig, Advocate For the State :

Ms. Gulnar Begum, Advocate For the O.P. No.2 :

Mr. Shahbaz Yusuf, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 379 and 34 of the Indian Penal Code.

3. The case is under Section 498(A) of the I.P.C. with allegations of subjecting opposite party no.2 to torture on account of non-fulfillment of dowry demand.

4. At the very outset, the learned counsel for the petitioner has submitted that the arrears of the maintenance amount fixed by the maintenance case amounts to Rs.2,34,000/- out of which he has already paid Rs.1,00,000/- to the opposite party no.2 which stands admitted by the learned counsel appearing on behalf of opposite party no.2. So far as the remaining amount of Rs.1,34,000/- is concerned, it is submitted that the petitioner

Patna High Court CR. MISC. No.57608 of 2025(5) dt.21-01-2026 2/2 undertakes to pay the said amount within a period of one year in equal installments and so far as the recurring amount of maintenance that has been fixed would also be continuously paid in addition to over and above of the arrears amount.

5. Learned counsel for the opposite party no.2 have no objection to the same.

6. In such view of the matter and upon such undertaking given by the petitioner, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.877C of 2009, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

7. However, in case the petitioner flouts his own proposal/undertaking, the opposite party no.2 shall be at liberty to file an application for cancellation of bail. (Soni Shrivastava, J) anand/- U T