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Patna High Court

Jahagir @ Md. Jahangeer AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that pre‑arrest bail may be granted in the present case, subject to a bond and the conditions of Section 482(2) of the BNSS.

Summary

The petitioner, Jahagir @ Md. Jahangeer Alam, was charged under IPC Sections 323, 504, 354 and 376 in PS Abadpur Case No. 65 of 2024. The petitioner and his wife, Sakhina Khatoon, settled their matrimonial dispute through a compromise petition signed before their advocates. The petitioner applied for pre‑arrest bail, arguing that the settlement removed the matrimonial motive behind the alleged offences. The Court, noting the settlement and the absence of any pending criminal antecedent, directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bihar Non‑Compounding of Sexual Offences Act. The Court also directed the District Court to verify the petitioner’s criminal record and to vacate the bail order if any undisclosed case is found.

Issues considered

  • Whether pre‑arrest bail can be granted in a case involving offences under IPC Sections 323, 504, 354 and 376 where the parties have settled their matrimonial dispute.
  • Whether Section 482(2) of the Bihar Non‑Compounding of Sexual Offences Act applies to the grant of bail in this circumstance.

Legislation cited

Subjects

  • pre‑arrest bail
  • matrimonial settlement
  • IPC 323
  • IPC 504
  • IPC 354
  • IPC 376
  • Section 482(2) BNSS
  • bail conditions
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56083 of 2025
                       Arising Out of PS. Case No.-65 Year-2024 Thana- ABADPUR District- Katihar
                 ======================================================
                 Jahagir @ Md. Jahangeer Alam, aged about 33 years, Gender- Male, S/o-
                 Abdul Kuddus @ Kuddus Ali, Resident of Village- Chhoghra, P.S.- Abadpur,
                 District- Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sakhina Khatoon D/o- Late Rustam Ali Village- Gobindpur Ps- Abadpur
                 Dist- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bhola Prasad, Advocate
                 For the O.P. No. 2      :        Mr. Madhav Kumar, Advocate
                 For the State           :        Mr. Sunil Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

7   20-04-2026                     Heard Mr. Bhola Prasad, learned counsel appearing

                   on behalf of the petitioner; Mr. Madhav Kumar, learned counsel

                   appearing on behalf of the informant and Mr. Sunil Kumar

                   Pandey, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Abadpur P.S. Case No. 65 of 2024 registered for the

                   offence punishable under Sections 323, 504, 354 and 376 of the

                   Indian Penal Code.

                                 3. The parties, who are husband and wife, have settled

                   their strained matrimonial relationship outside the Court on

                   certain terms and conditions contained in compromise petition

                   jointly signed by them in front of their respective advocates, for
              Patna High Court CR. MISC. No.56083 of 2025(7) dt.20-04-2026
                                                          2/2




                        separation from each other.

                                     5. In view of such circumstances, the petitioner, above

                        named, is directed to be released on pre-arrest bail, in the event

                        of his/her arrest or surrender before the learned District Court

                        within a period of four 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 District

                        Court where the case is pending, in connection with Abadpur

                        P.S. Case No. 65 of 2024, subject to the condition as laid down

                        under Section 482(2) of the BNSS.

                                     6. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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