Md. EmtiyazversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.574 of 2026
                     Arising Out of PS. Case No.-28 Year-2025 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
                 Md. Emtiyaz Son of Md.Abdul Rajak Resident of Village- Habibpur, P.S.-
                 Habibpur, District- Bhagalpur, At present Lalmatiya near Kabirpur Jain
                 Mandir, P.S.- Nath Nagar, District- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Jinat Daughter of Mahmood Nafak Resident Of Village - Tetri, Ward no. 11,
                 Ps- Naugachia, Dist- Bhagalpur, Wife of Md. imteyaz, Resident of village-
                 Kabirpur near Lalmatiya jain Mandir, Ps- Nath Nagar, Dist- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Ojha, Advocate
                                                   Mr. Ved Prakash Chandan, Advocate
                 For the Opposite Party/s :        Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   02-04-2026                      Heard Mr. Sanjay Kumar Ojha along with Mr. Ved

                   Prakash Chandan, learned counsels appearing on behalf of the

                   petitioner and Mr. Satyendra Prasad, learned APP for the State.

                                  2. The petitioner seeks pre-arrest bail in connection

                   with Naugachia Mahila P.S. Case No. 28/2025 registered for the

                   offence(s) punishable under Sections 85,115(2),126(2),352 and

                   3(5) of the BNS and Sections 3 and 4 of Dowry Prohibition Act.

                                  3. The allegation is of subjecting the informant –

                   opposite party no.2 to various sorts of torture due to non-

                   fulfillment of the demand of the dowry.

                                  4. Learned counsel appearing on behalf of the
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          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case, being the husband of O.P.

          No.2/informant. Learned counsel further submitted that

          marriage is a sacred ceremony but little matrimonial skirmish

          suddenly erupts into hatred and the parties ponder to reconcile

          their dispute outside the court. Petitioner has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and also the fact that the allegation made

          against the petitioner is not against the society, I am of the

          opinion that petitioner has, prima facie, made out a case to be

          released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his 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     learned      S.D.J.M.,    Naugachia,   District,

          Bhagalpur / Concerned Court in connection with Naugachia

          (Mahila) P.S. Case No. 28/2025, subject to the conditions as laid
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                     down under Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.

                                  9. The learned District Court is directed to take

                     necessary steps to refer the matter for mediation under the

                     provision of Mediation Act, 2023 before the learned

                     Mediator of the District Mediation Center by fixing a date

                     for appearance of the parties to give effect to “Mediation for

                     the Nation 2.0”, so that the parties, who are husband and

                     wife, may settle their dispute amicably and lead a happy

                     married life.


                                                (Purnendu Singh, J)

Sanjay/-

U      T