MD. ZYAOUL HAQUEversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.70042 of 2025
                      Arising Out of PS. Case No.-129 Year-2024 Thana- MAHILA P.S. District- Siwan
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                 MD. ZYAOUL HAQUE S/O LATE MD. RASHID R/o vill - Nawatan,
                 Narkatiya, P.s.- Nawatan, Distt.- Siwan

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Nagma Khatoon W/o Md. Zeyaul Haque R/o vill - Paranpur Sawna, P.S.-
                 Barhariya, Distt.- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :        Mr.Ujjwal Kumar
                 For the Opposite Party/s        :        Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-04-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Siwan Mahila P.S. Case No. 129 of 2024 dated 03.12.2024 reg-

                   istered for the offence punishable under Sections 115(2), 126(2),

                   85, 351(3), 3(5) of the B.N.S. and Section ¾ of the D.P. Act.

                       3. As per the F.I.R. the marriage of the informant / opposite

                   party no. 2 was solemnized with the petitioner according to

                   Muslim rites and rituals on 07.05.2018. It is alleged that one

                   month after marriage the accused persons including the

                   petitioner started demanding a car in dowry and due to non-

                   fulfillment of the demand all the accused persons tortured the

                   informant physically and mentally.
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              4. Learned counsel for the petitioner submits that petitioner is

          innocent and he has not committed any offence in the manner

          alleged and has falsely been implicated in this case. He further

          submits that the opposite party no. 2 from beginning of her

          marriage was not happy with the petitioner and left her in-law’s

          house on her own volition and started residing at ‘maikey’ and

          threatened the petitioner of dire consequences as such the

          petitioner filed an informatory petition before the S.D.J.M.,

          Siwan and in retaliation the opposite party no. 2 lodged the

          present F.I.R. He next submits that neither any dowry demand

          has been made from the informant by the petitioner or any of his

          family members nor the informant has been subjected to any

          type of assault or torture at any point of time. However, without

          prejudice to the right and contention of the petitioner and in

          order to maintain harmony in the family, the petitioner under-

          takes to pay a sum of Rs. 3,000/- per month to the opposite

          party no. 2 as “living cost” subject to final outcome of the

          present case as well as matrimonial case and / or maintenance

          case filed and decided between the parties.

              5. Learned counsel for the informant / opposite party no. 2

          submits that petitioner and his family members subjected cruelty

          and tortured the opposite party no. 2 both physically and
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          mentally. The informant / opposite party no. 2 is at the verge of

          starvation. She next submits that informant’s educational certifi-

          cates are lying with the petitioner. However, she accepts the

          offer so made by learned counsel for the petitioner and

          submits that the petitioner may be directed to deposit the said

          amount of Rs. 3,000/- per month in the bank account of the

          informant / opposite party no. 2, details of which shall be

          furnished by learned counsel for the opposite party no. 2 to

          learned counsel for the petitioner within ten days from today

          and the petitioner may be directed to hand over the educational

          certificates.

              6. After having heard learned counsel for the parties and

          taking into consideration the materials on record and the fact

          that offer made by learned counsel for the petitioner has been

          accepted by learned counsel for the opposite party no. 2, as

          such, I am inclined to grant privilege of anticipatory bail to the

          petitioner.

              7. Let the petitioner, above named, in the event of his arrest /

          surrender before the learned court below within a period of six

          weeks from today be released on anticipatory bail on furnishing

          bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned S.D.J.M., Siwan
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                         in connection with Siwan Mahila P.S. Case No. 129 of 2024

                         subject to the condition as laid down under Section 482(2) of

                         the B.N.S.S. as well as the following condition:-

                                     (i) that the petitioner shall deposit a sum of

                               Rs. 3,000/- per month in the bank account of the

                               opposite party no. 2 positively by the 7 th day of

                               every month starting from the month of May,

                               2026.

                                     (ii) the petitioner shall hand over all the

                               educational certificates of the opposite party no. 2

                               before furnishing bail bond.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T