Dilwar Hussain @ Md. Dilwar HussainversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85961 of 2025
                   Arising Out of PS. Case No.-142 Year-2023 Thana- COMPLAINT CASE - SHERGHATI
                                                       District- Gaya
                 ======================================================
                 Dilwar Hussain @ Md. Dilwar Hussain S/o Md. Mushtaque R/o Village -
                 Bhat Bigha, P.S - Sirdalla, District - Nawada At present R/o - 51XB, Dr. Sud-
                 hir Bassu Road, Khiddirpur, Kolkata, P.S - Khiddurpur, District - Kolkata
                 (West Bengal)


                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    Shagufta Naaz W/o Dilwar Hussain @ Md. Dilwar Hussain R/o Village -
                 Bhat Bigha, P.S - Sirdalla, District - Nawada At present R/o Village - Kothi,
                 Post and P.S - Kothi, District - Gaya


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s          :      Mr.Arvind Kumar Singh

                 For the Opposite Party/s      :      Mr.Narsingh Tanti

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

6   15-05-2026                   1. Heard learned counsel for the petitioner and learned

                   counsel for the complainant - Opposite Party No. 2.

                                 2. The petitioner apprehends his arrest in connection

                   with Sherghati Complaint Case No. 142 / 2023 registered for the

                   offence under Section 323, 324, 379, 498A of the I.P.C. and Sec-

                   tion ¾ of the D.P. Act in which cognizance of the offence has

                   been taken under Section 498(A) of the I.P.C. and Section 4 of

                   the Dowry Prohibition Act.

                                 3. The prosecution case, as per the complaint petition,
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          is that the marriage of the complainant was solemnized with the

          petitioner according to Muslim rites and rituals on 25.05.2021

          and it is alleged that the petitioner including the in-laws of the

          complainant started demanding Rs. 2 lakhs as dowry and due to

          non fulfillment of the said demand, the petitioner and other

          family members tortured the complainant - Opposite Party No. 2

          both physically as well as mentally and on 06.01.2023 the

          in-laws of the complainant tried to kill her by sprinkling

          kerosene oil on her but anyhow she save herself and later on she

          was driven out from her matrimonial home.

                       4. Learned counsel for the petitioner submits that

          petitioner has not committed any offence in the manner alleged

          and he has falsely been implicated in this case. However,

          without prejudice to the right and contention of the petitioner

          and in order to maintain harmony in the family, the petitioner

          undertakes to pay a sum of Rs. 5,000/- per month to the

          Opposite Party No. 2 as “living cost” subject to the final

          outcome of the present case as well as matrimonial case, if any,

          pending and / or decided between the parties.

                       5. Learned counsel for the complainant - Opposite

          Party No. 2 submits that the complainant - Opposite Party No. 2

          is at the verge of starvation, having no source of income and
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          accepts the offer so made by the petitioner and submits that the

          petitioner may be directed to deposit the said amount of

          Rs. 5,000/- per month in the bank account of the complainant -

          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.

                       6. After having heard learned counsel for the parties

          and taking into consideration the materials on record and the

          fact that offer made by the petitioner has been accepted by 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., Sherghati (Gayajee) in connection with Sherghati

          Complainant Case No. 142 / 2023 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. 5,000/- per month in bank account of the
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                                Opposite Party No. 2 positively by the 7th day of

                                every month starting from the month of June, 2026.




                                                  (Anil Kumar Sinha, J)
praful/-

U          T