Md Tamanna @ Tamanna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.901 of 2026 Arising Out of PS. Case No.-2695 Year-2024 Thana- EAST CHAMPARAN COMPLAINT D istrict- East Champaran ====================================================== Md Tamanna @ Tamanna S/O Shekh Khairati @ Khairatu @ Md. Khairatu Resident of Village-Chhapra, Bahas, PS-Sugauli, District-East Cham paran,Motihari ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Sahabuddin S/O Late Abdul Rahman R/O Vill.- Chowk Chauhani , Kheruwa, P.S- Madhuwan, Dist- East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate Mr. Dhandev Kumar, Advocate Ms. Isha Mishra, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP For Op2 :
Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner, the State and the opposite party no.2.
2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 85 of B.N.S.
3 . The prosecution case , in brief, is that marriage of the complainant was solemnized with this petitioner as per Muslim rites and rituals in the year 2024. It is alleged that after marriage , all the accused persons named in the F.I.R. including these petitioners, subjected the complainant to cruelty and harassment due to non-fulfillment of additional demand of
Patna High Court CR. MISC. No.901 of 2026(3) dt.22-06-2026 2/3 dowry and later, ousted her from her matrimonial house .
4. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.
5. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail and submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house . It is further submitted that she has no means of livelihood and is on the verge of starvation .
6. In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.901 of 2026(3) dt.22-06-2026 3/3 sureties of the like amount each to the satisfaction of the learned J.M.F.C., East Champaran, Motihari in connection with Complaint Case No. 2695 of 2024, subject to the conditions laid down under section 482 ( 2 ) of BNSS 2023 as well as on the following conditions:- (i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.
(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) 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) Koushik/Alok rajU T