Md. Jiyafat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21 of 2026 Arising Out of PS. Case No.-607 Year-2025 Thana- COMPLAINT CASE District- Araria ====================================================== MD. JIYAFAT Son of Md. Tahir Resident of village - Fatehpur, Ward No.- 6, P.S.- Narpatganj, District - Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Misrana Khatoon Daughter of Md. Samiruddin W/o Md. Jiyafat, Resident of village and P.O.- Fatehpur, Ward No.- 6, P.S.- Narpatganj, District - Araria 854335 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
For the complainant :
Mr. Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2026 Earlier, vide order dated 02.04.2026, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator's Report (flag 'M'), the mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 115 (2) & 85 of the Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of complainant was solemnized with this petitioner in the year 2008. Thereafter, it is alleged that complainant was subjected to torture and cruelty due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.21 of 2026(4) dt.23-06-2026 2/3
5. Learned counsel for the petitioner, while denying the allegations levelled against him, submits that petitioner, who is husband of the complainant, is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to the complainant by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned counsel for the petitioner that petitioner is ready to give Rs. 3000/- per month to the complainant by way of temporary relief/solace, starting from this month, this anticipatory bail application is allowed.
7. Let the above-named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Complaint Case No. 607 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on the following conditions:- '(1) Complainant would file an affidavit before the court below and bring on record her savings bank account
Patna High Court CR. MISC. No.21 of 2026(4) dt.23-06-2026 3/3 number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the complainant.
(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.'
(Prabhat Kumar Singh, J) Navya/Sanjay U T