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2025 DAILYLAW 2256 (PAT)

Naushad Ahamad @ Naushad Ahamad Ansari @ Naushad Alam @ Naushad Ahmad v. The State of Bihar

CR. MISC./85753/2025 · 2026-04-21

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85753 of 2025 Arising Out of PS. Case No.-1538 Year-2024 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Naushad Ahamad @ Naushad Ahamad Ansari @ Naushad Alam @ Naushad Ahmad S/o Aftab Ahmad Ansari R/o Village-Jhaluwa, P.O.- Kalyanpur, P.S.- Garhwa, Jhaluwa, Garhwa, Jharkhand, Permanent R/o Mohalla - Bihiya Road, Near Madarsa, ward no. 17, Navinagar, Piro, P.S.- Piro, Distt.- Bhojpur ... ... Petitioner/s Versus 1. The State of Bihar 2. Tabassum Praveen W/o Naushad Ahmad Ansari, D/o Kalim Ansari R/o Mohalla - Bihiya Road, Near Madarsa, ward no. 17, Navinagar, Piro, P.S.- Piro, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Ranjan For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 21-04-2026 1. Heard learned counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Complaint Case No. 1538 (C) of 2024, registered for the offences punishable under Section 85 of the Bhartiya Nyaya Sanhita. 3. The allegation, as per the complaint case, is that the complainant was married to the petitioner on 29.10.2023, in which, cash, jewellery and other household articles were given as gift. After the marriage, the petitioner Patna High Court CR. MISC. No.85753 of 2025(4) dt.21-04-2026 2/4 including other accused persons demanded a four-wheeler as dowry and due to non-fulfillment of demand of dowry the complainant was subjected to torture and harassment mentally and physically. It has further been alleged that the complainant was assaulted and driven out of her matrimonial home and in the meanwhile the complainant gave birth to a girl child. 4. Learned counsel for the petitioner submits that the 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 is ready and willing 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 the 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 is at verge of starvation, having no source of income and in order to take care of her child she accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be Patna High Court CR. MISC. No.85753 of 2025(4) dt.21-04-2026 3/4 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 the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. 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 bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhojpur at Ara, in connection with Complaint Case No. 1538 (C) of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. 9. This is subject to the condition that the petitioner shall Patna High Court CR. MISC. No.85753 of 2025(4) dt.21-04-2026 4/4 deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2, staring from 11th May, 2026. ashwani/- (Anil Kumar Sinha, J) U T