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Patna High CourtCR. MISC./2651/2025bail granted

Pravej Alam @ Pintu Khan @ Parwej Alam Khan @ Perwez Alam Khan v. The State Of Bihar

2025-06-26Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2651 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Pravej Alam @ Pintu Khan @ Parwej Alam Khan @ Perwez Alam Khan S/oLate Masihuzzama Khan R/o- Village - Orahanpur, P.S- Marhawrah, DistrictSaran, Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Syeda Praween D/o- Abdulla Ansari @ Late Abdullah R/O VillageKarimchak, Rahat Road, P.S-Chapra Town, Distt- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hafiz Shahbaz Arif, Adv.

For the State :

Mr.Ram Priya Sharan Singh, APP For O.P. No. 2.

Mr. Sanjay Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

2. Initially, the present case had been filed under Sections 376 and 120B of the Indian Penal Code but, subsequently the charge-sheet has been submitted under Section 498A of the Indian Penal Code.

3. By an earlier order, the matter had been sent to the Patna High Court Mediation and Conciliation Centre for resolution of disputes between the parties but the same has also failed.

4. The prosecution case is based upon an FIR filed by the opposite party no. 2 in which she has made an allegation of

Patna High Court CR. MISC. No.2651 of 2025(4) dt.26-06-2025 2/3 demand of dowry and torture. Petitioner is the husband of opposite party no.2.

5. Learned counsel for the petitioner submits that the allegations levelled in the FIR are not correct and as a matter of fact, the petitioner has always been ready to keep the opposite party no.2 with full dignity and honour while the opposite party no. 2 herself is not ready to reside in the matrimonial house.

6. Learned counsel for the opposite party no. 2, however, controverts the submissions made by the learned counsel for the petitioner and rather supports the allegations made in the FIR.

7. At this stage, the petitioner offers to give Rs.5000/- (rupees five thousand) per month to 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 proceeding.

8. 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 eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.2651 of 2025(4) dt.26-06-2025 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chapra Town P.S. Case No. 98 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

9. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details 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 no.2 would be at liberty to file cancellation of bail.

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