Sikandar Baks v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3014 of 2025 Arising Out of PS. Case No.-5735 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sikandar Baks Son of Salim Rangsaj Resident of Village - Muslimabad, Post office and Police Station - Haspura, District - Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabana Parween Daughter of Late Md. Akhtar Resident of Village - Muslimabad, Police Station - Haspura, District - Aurangabad, at present residing at Mohalla - Ishopur, Kasai Tola, P.S. - Phulwari Sharif, District - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Adv.
For the State :
Mr. Tarkeshwar Nath Thakur, APP For the Complainant :
Mr. Majid Mahboob Khan, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 506, 498(A), 504/34 of the Indian Penal Code and he is husband of the complainant.
3. The instant case arises out of the complaint filed by the complainant, wife of the petitioner, alleging therein that there was demand of dowry and the consequent torture upon her.
4. The matter had earlier been sent to the Patna High Court Mediation Centre for amicable settlement of disputes
Patna High Court CR. MISC. No.3014 of 2025(6) dt.06-08-2025 2/3 between the parties, but the mediation process failed.
5. It is submitted by learned counsel for the petitioner that all the allegations levelled against the petitioner are totally incorrect and as a matter of fact, the petitioner has always been ready to keep his wife with due dignity and honour, but it is the complainant who filed a matrimonial case for divorce and is not desirous of staying in her matrimonial house. However, it is submitted by learned counsel appearing for the complainant that subsequently, the petitioner has also remarried and hence, no question remains for staying with each other.
6. At this stage, learned counsel for the petitioner makes an offer that the petitioner would make the payment of Rs. 2500.00/- (Rupees Two Thousand Five Hundred) per month to the complainant in the second week of every month for her sustenance.
7. Considering the facts and circumstances of the case, 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 bond of Rs.10,000/- (Rupees 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
Patna High Court CR. MISC. No.3014 of 2025(6) dt.06-08-2025 3/3 Complaint Case No. 5735 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
9. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If the complainant fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. If the petitioner fails to pay the aforesaid amount on two consecutive months, the complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T