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2025 DAILYLAW 4666 (PAT)

Tipu Sultan v. The State of Bihar

CR. MISC./87314/2025 · 2026-02-20

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87314 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- KEWATI District- Darbhanga ====================================================== Tipu Sultan S/o Md. Ismail R/o - Barhi, P.S - Keoti. District - Darbhanga, Bihar ... ... Petitioner/s Versus 1. The State of Bihar 2. Nikhat Praveen W/o Tipu Sultan R/o Vill- Barhi, P.S.- Keoti, Distt- Darbhanga (Bihar) ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shailendra Kumar A.P.P. For the O.P. No. 2 : Mr. Arbind Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 20-02-2026 Earlier, vide order dated 17.01.2026, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator’s Report (flag ‘M’), the mediation has failed. 2. Heard learned counsel for the parties. 3. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 329(3), 329(4), 352, 351(2), 74, 303(2), 85, 3(5) of the Bharatiya Nyaya Sanhita. 4. As per prosecution case, marriage of informant was solemnized with this petitioner about eight years ago. Thereafter, it is alleged that informant was subjected to torture Patna High Court CR. MISC. No.87314 of 2025(3) dt.20-02-2026 2/3 and cruelty due to non-fulfillment of demand of dowry. 5. Learned counsel for the petitioner, while denying the allegations levelled against him, submits that petitioner, who is husband of the informant, is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to the informant by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings. 6. In view of the aforesaid undertaking of learned counsel for the petitioner that petitioner is ready to give Rs. 3000/- per month to the informant by way of temporary relief/solace, starting from this month, this anticipatory bail application is allowed. 7. Let the above-named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Judicial Magistrate 9th, Darbhanga in connection with Keoti P. S. Case No. 66 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on the following conditions:- Patna High Court CR. MISC. No.87314 of 2025(3) dt.20-02-2026 3/3 ‘(1) Informant would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner. (2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the informant. (3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond. (4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.’ Navya/- (Prabhat Kumar Singh, J) U T