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Patna High CourtCR. MISC./90254/2025partly allowed disposal

Md. Golden @ Md. Sarfraz Alam v. The State Of Bihar

2026-01-15Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90254 of 2025 Arising Out of PS. Case No.-1170 Year-2023 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

Md. Golden @ Md. Sarfraz Alam S/o- Late Karimuddin R/v- Kachahari Mohalla Ps- Phulwari Sharif Dist- Patna 2.

Md. Pintu Kumar @ Md. Pintu Alam @ Md. Pintu S/o- Late Karimuddin R/v- Kachahari Mohalla Ps- Phulwari Sharif Dist- Patna 3.

Md. Chhotu @ Md. Firdous Alam S/o- Late Karimuddin R/v- Kachahari Mohalla Ps- Phulwari Sharif Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sabina Khatoon @ Rubina Khatoon W/o- Md. Imtiyaz Alam R/v- Katara PsLaheri Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Yadav For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-01-2026 Heard learned counsel for the parties.

2. Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1, as he has been arrested by the police during the pendency of the bail application.

3. Permission is granted.

4. Accordingly, this application as against the petitioner no.1 is dismissed as withdrawn.

5. Now, this application is being heard only with respect to the petitioner nos.2 and 3.

6. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.90254 of 2025(2) dt.15-01-2026 2/3 connection with Complaint Case No.1170(C) of 2023, registered for the offence punishable under Sections 498(A), 232 of the Indian Penal Code.

7. As per the FIR, the complainant was allegedly assaulted by the petitioners and others on the pretext of nonfulfillment of the demand for dowry.

8. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the petitioner nos.2 and 3 have separate mess and management from the husband of the petitioner and the allegations which is said to have been levelled against the petitioners are general and omnibus. There is no specific overt act against them. The husband of the complainant is already in judicial custody. Lastly, it is submitted that the petitioners have no criminal antecedents.

9. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.

10. Taking into account that the allegations levelled against the petitioner nos.2 and 3 are general and omnibus, let the above named petitioner nos.2 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.90254 of 2025(2) dt.15-01-2026 3/3 of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bihar Sharif, Nalanda/Successor Court in connection with Complaint Case No.1170(C) of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T