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Patna High CourtCR. MISC./1915/2025bail granted

Iphtekhar @ Md. Iftekhar v. The State Of Bihar

2025-04-23Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1915 of 2025 Arising Out of PS. Case No.-1334 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== IPHTEKHAR @ MD. IFTEKHAR S/O SAIDUR RAHMAN @ MD. SIYADUR RAHMAN R/O NAYA TOLA, MALIKPUR, PS- AZAMNAGAR, DIST- KATIHAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR PATNA 2.

NAGMA KHATOON W/O MD. IFTEKHAR, D/O LATE ABDUL LATIF R/O RATANPUR, P.S.- BALIA BELON, DIST.- KATIHAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the State :

Mr. Suresh Prasad Singh, APP.

For the Complainant :

Mr. Md. Musowir, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025 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 Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The prosecution case is based on a complaint filed by the complainant, wherein the allegations have been made with regard to demand of dowry and torture.

4. Learned counsel for the petitioner submits that the allegations levelled in the complaint are totally incorrect and as

Patna High Court CR. MISC. No.1915 of 2025(3) dt.23-04-2025 2/3 a matter of fact, the petitioner has always been ready to keep his wife with due dignity and honour and it is the complainant who is not desirous of staying in her matrimonial house.

5. Learned APP for the State and learned counsel appearing for the complainant opposes the prayer for anticipatory bail.

6. At this stage, learned counsel for the petitioner makes an offer that the petitioner would make the payment of Rs.4000.00/- (Rupees Four Thousand) per month to the complainant in the second week of every month.

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 six 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 C.A. Case No. 1334 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the BNSS, 2023.

8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial

Patna High Court CR. MISC. No.1915 of 2025(3) dt.23-04-2025 3/3 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