Md. Ajaj Ahmad @ Md. Ajaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70179 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA P.S District- Supaul ====================================================== Md. Ajaj Ahmad @ Md. Ajaj Son of Md. Asfaque Ahmad R/O Vill.- Osari Ramganj, Ward no. 09, P.S.- Forbesganj, Dist.- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Danishta Praveen Daughter of Md. Jubair, Wife of Md. Ajaj @ Md. Ajaj Ahmad R/O Vill.- Simrahi, Ward no. 05, P.S.- Raghopur, Dist.- Supaul, At Present- Nagar Parishad, Supaul, Gajana Chowk, P.S. and Dist.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ramesh Kumar Singh, Advocate For the O.P. No.2 : Mr. Amrit Abhijat, Advocate For the State :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner apprehends his arrest for the offences punishable under Sections 498A, 341, 342, 323, 325, 504, 379, 406 and 307 of the Indian Penal Code.

3. The petitioner is the husband and there is allegation of demand of dowry and torture.

4. It is submitted by learned counsel for the petitioner that the allegations made in the complaint are totally false. As a matter of fact, the petitioner is ready to keep the complainant/ opposite party no.2 in his house with full honour and dignity.

Patna High Court CR. MISC. No.70179 of 2024(4) dt.16-06-2025 2/3 This was the stand taken before the Mediation Center where on several dates the opposite party no.2 did not appear, despite issuance of notice by the Mediation Center itself. On the strength of such facts, it has been submitted that the opposite party no.2 is neither interested to take part in the proceeding nor is interested in staying with the petitioner.

5. Learned counsel for the opposite party no.2 submits that on account of some communication gap, she could not participate in the mediation proceedings. He further submits that as she has suffered injury at the hands of the petitioner, she is not agreeable to live with him.

6. At this stage, the petitioner offers to give Rs.1500/- (Rupees Fifteen Thousand) per month to the opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

7. In such view of the matter, 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 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.70179 of 2024(4) dt.16-06-2025 3/3 each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case No.25 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party would be at liberty to file an application for cancellation of bail bonds of the petitioner.

9. However, an argument on behalf of the petitioner has been made that opposite party no.2 has now remarried and in case the petitioner is able to furnish any evidence in that regard before the learned Court below the payment of Rs.1500/- can be altered with.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T