Md. Masluddin @ Md. Masnuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70927 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Md. Masluddin @ Md. Masnuddin Son of Late Md. Manta R/o VillageRamjani, Ward No.11, P.S.- Jankinagar, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Wakila Khatoon Wife of Md. Masluddin @ Md. Masnuddin R/o VillageRamjani, Ward No.11, P.S.- Jankinagar, District- Purnea Ramjani, Ward No.11, P.S.- Jankinagar, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh, Advocate For the State :
Mrs. Sangeeta Sharma, APP For the O.P. No.2 :
Md. Mahtab Ali, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in connection with Madhepura Complaint Case no.299 of 2023 registered under sections 498A, 323, 341, 307, 504, 506 and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. The case is one under Section 498A and petitioner is the husband. The allegation against the petitioner is of demand of dowry and torture.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.70927 of 2024(5) dt.13-08-2025 2/3 earlier the matter had been sent to the Patna High Court Mediation Centre vide order dated 22.03.2025 but the mediation process has failed. Learned counsel for the petitioner further submits that the allegation of demand of dowry and torture is false and concocted. Both the parties are even raising allegation against each other that other party has already performed second marriage. Learned counsel for the petitioner has also made a reference to a certificate granted by the Sarpanch, VillageKachehri, Rupauli, Purnea with regard to marriage of opposite party no.2 with one Md. Mahaboob and has leading a conjugal life with him. The petitioner has no criminal antecedent and undertakes to co-operate in case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no. 2.
6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 2,500/- to the opposite party no.2 in the second week of every month for her basic requirements and the said payment would be made till a substantial evidence is produced by the petitioner that the opposite party no.2 has actually performed second marriage.
7. Considering the aforesaid facts of the case, it is
Patna High Court CR. MISC. No.70927 of 2024(5) dt.13-08-2025 3/3 directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Madhepura Complaint Case no.299 of 2023 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, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.
8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 2,500/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.
(Soni Shrivastava, J) Harsh/- U T