Patna High CourtCR. MISC./58776/2025allowed

Md Mustakim v. The State Of Bihar

2026-01-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58776 of 2025 Arising Out of PS. Case No.-413 Year-2017 Thana- COMPLAINT CASE - SIKRAHANA District- East Champaran ====================================================== Md Mustakim S/O Md Amin Resident of Village- Saratha, P.S.- Dhaka, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar 2.

Sajeeda Khatoon D/O Samsul Haque R/O Vill.- Hardiya Pasrampur, P.S.- Kaleya, Dist.- Bara, Nepal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shahid Jawed For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-01-2026 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Trial No. 4426 of 2023 arising out of Complaint Case No. C413 of 2017 for offences punishable under Sections 498A, 504, 323, 307, 406, 420 of the IPC and Section 3⁄4 of the DP Act.

3. As per the prosecution case, the petitioner is accused of torturing the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that the O.P. No. 2 has re-married.

Patna High Court CR. MISC. No.58776 of 2025(4) dt.15-01-2026 2/2

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. In view of the law laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar V/s State of Bihar & Anr, (2014) 8 SCC 273, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhaka, Motihari/concerned Court below in connection with Trial No. 4426 of 2023 arising out of Complaint Case No. C413 of 2017 subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The Complainant may file an application for maintenance in the Court of Principal Judge Family Court, East Champaran, Motihari, if so advised.

(Sandeep Kumar, J) Shishir/- U T