Md. Mubarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72471 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Md. Mubarak S/o Md. Abbas R/o Village - Jayrampur, P.S- Bhagwanpur, District - Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Samina Khatoon W/o Md. Mubarak R/o Village - Jayrampur, P.SBhagwanpur, District - Begusarai Presently residing at - D/o - Md. Raju, R/o Village - Pipra Dodraj Nonpur, Ward No.-08, P.S - Teghra, District - Begusarai, Mobile no. 9019512261 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Adv For the Opposite Party/s :

Mr.Md. Fahimuddin, APP Mr. Sandip Kumar Gautam, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

3.

The learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the complainant. It is next submitted that the relationship in between the petitioner and the complainant has

Patna High Court CR. MISC. No.72471 of 2025(2) dt.12-11-2025 2/3 deteriorated to an extent where it is not possible to revive the conjugal relationship in the present, but then it is submitted that with passage of time and on intervention of well-wishers, the parties may resolve their dispute amicably. It is further submitted that petitioner being husband is aware of his responsibility, as such petitioner is willing to pay a monthly maintenance of Rs. 3,000/- (Three thousand) to the OP No. 2, which shall commence from 1-12-2025.

4.

Learned counsel appearing on behalf of the OP No. 2 also submits that since petitioner is willing to pay a monthly maintenance of Rs. 3,000/-, as such no useful purpose would be served by sending the petitioner to jail. It is also submitted that in the event, if the petitioner is sent to judicial custody, chances of future reconciliation will also get marred. It is next submitted that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance commences from 1-12-2025.

5.

Considering the submission made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a

Patna High Court CR. MISC. No.72471 of 2025(2) dt.12-11-2025 3/3 period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 245 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 6.

However, it is made clear that OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months. 7.

It is further made clear that the present maintenance shall stop, if a court of competent jurisdiction fixes the maintenance.

(Satyavrat Verma, J) Sumit/- U T