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2026 DAILYLAW 28498 (PAT)

Md. Afjal @ Md. Afzal v. The State of Bihar

CR. MISC./33632/2026 · 2026-07-27

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33632 of 2026 Arising Out of PS. Case No.-1694 Year-2024 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Md. Afjal @ Md. Afzal S/o Md. Iftkhar Alam @ Md. Iftekhar Alam R/o Village - Chiranjibipur, Chiranjipur, Ward No. 6, P.O. - Fateha, P.S. - Bachhwara, District - Begusarai. ... ... Petitioner/s Versus 1. The State of Bihar 2. Bhagmani Kumari W/o Md. Afjal, D/o Late Lukhar Mahto R/o Village - Narepur, Bachhwara, P.S. - Bachchwara, Dist. - Begusarai. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 27-07-2026 Heard the parties. 2. The petitioner is named in the Complaint case and apprehending his arrest in connection with Complaint Case No. 1694C of 2024 registered for the offences punishable under Sections 85 of BNS. 3. As per complaint, petitioner alleged to commit mental and physical cruelty upon complainant/ OP No. 2 due to non fulfillment of demand of dowry. 4. It is submitted by learned counsel appearing on behalf of the petitioner that O.P. No. 2 was in love with Patna High Court CR. MISC. No.33632 of 2026(3) dt.27-07-2026 2/2 petitioner since 2015 and knowing that they are of different religion they solemnized their marriage in temple and registered their marriage under Special Marriage Act It is submitted that petitioner has some personal difficulties to reconcile the issue with O.P. No. 2, who is working with Government of Bihar. It is submitted that as O.P. No.2 is in government service therefore, the issue of maintenance doesn’t arises. Petitioner claimed clean antecedent. 5. Learned APP duly assisted by learned counsel for the informant while opposing the prayer of bail submitted that petitioner is harassing O.P. No. 2 on the ground of religion and torture her to convert into Muslim, if she wants to continue her matrimonial life with petitioner happily. 6. In view of aforesaid factual submission and by taking note of fact that husband is adamant to reconcile the issue, coupled with the fact that mental cruelty is also due to conversion issue as submitted aforesaid, accordingly the prayer of anticipatory bail of petitioner stands rejected. Sudha/- (Chandra Shekhar Jha, J) U T