Md. Rehan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85565 of 2024 Arising Out of PS. Case No.-763 Year-2019 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Md. Rehan S/O Md. Habil R/O Vill.- Mirabhita, P.S- Pauwakhali, Distt.- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Moharami Begum W/O Md. Rehan @ Rehan, D/O Ahsan R/O Mirabhita, P.S- Pauwakhali, Distt.- Kishanganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Jubair Ansari For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner, learned counsel for the Opposite party no. 2 and the State.

2. Petitioner is apprehending his arrest in a case registered for the offences punishable under sections 323, 341, 504, 506, 498A, 379/34 of the Indian Penal Code and sections 3⁄4 of the D.P.Act.

3. The prosecution case is based upon a complaint filed by O.P.No. 2 wherein there are allegations of demand of dowry and torture. It has also been stated that there is a child out of the wedlock.

4. Learned counsel for the petitioner submits that the allegations made in the complaint are not correct and

Patna High Court CR. MISC. No.85565 of 2024(3) dt.06-05-2025 2/3 cognizance in this case has been taken only under section 498A of the I.P.C. It has further been submitted that the complainant left the house of her in-laws voluntarily and despite his efforts to bring her back, the complainant refused to come back to the matrimonial house.

5. The learned counsel for the O.P.No. 2 opposes the prayer for anticipatory bail on the ground that the complainant has been left in lurch along with her minor daughter.

6. At this stage, the learned cousnel for the petitioner makes an offer to pay a sum of Rs. 4000/- per month to the complainant, subject to final outcome of any maintenance or collateral proceeding.

7. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (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. 763 of 2019, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

Patna High Court CR. MISC. No.85565 of 2024(3) dt.06-05-2025 3/3 8 . Learned counsel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, if the O.P.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 O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail . (Soni Shrivastava, J) N.K/- U