Md. Sameer Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5265 of 2026 Arising Out of PS. Case No.-23 Year-2025 Thana- MAHILA P.S District- West Champaran ====================================================== Md. Sameer Ali Son of Late Zaheer Alam Resident of Village- Ward No 26, Mirza Tola, PS- Bagha, Distt- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sogara Khatoon Daughter of Late Isha Khurashi Resident of Village- Ward No 26, Mirza Tola, PS- Bagha, Distt- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohit Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, A.P.P.
Fro the Informant :
Mr. Shahbaj Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2026 Earlier, vide order dated 06.04.2026, 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 126(2), 115(2), 85, 89, 352, and 3(5)of the Bharatiya Nyaya Sanhita and Section 4 of the Dowry Prohibition Act.
4. As per prosecution case, marriage of informant was solemnized with this petitioner in the year 2024. Thereafter, it is alleged that Informant was subjected to torture and cruelty due
Patna High Court CR. MISC. No.5265 of 2026(4) dt.23-06-2026 2/3 to non-fulfillment of demand of dowry.
5. Learned counsel for the petitioner, while denying the allegations levelled against him, submits that petitioner, who is husband of the informant, is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to the informant 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 informant 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 Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Mahila (Bagaha) P. S. Case No. 23 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:-
Patna High Court CR. MISC. No.5265 of 2026(4) dt.23-06-2026 3/3 '(1) Informant would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the Informant.
(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