IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29667 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- DHAKA District- East Champaran ====================================================== Jiuauar Rahman Khan @ Jiyaur Rahman S/o Mustafa Khan Resident of Village - Islampur Tola, PS - Dhaka, District - East Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Sania Khatoon W/o Jiuauar Rahman Khan @ Jiyaur Rahman D/o Alam Khan, R/o Village - Birta Tola, Dhaka, Ward No. 22, P.S - Dhaka, District - East Champaran, Bihar, Pin -845418 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shahid Jawed, Advocate Mr. Md. Ali Imran, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. For the O.P. No. 2 : Mr. Rajeev Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 13-08-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 85 and 3(5) of the BNS. 3. The petitioner and the opposite party no. 2, in compliance of the order dated 24.07.2026, are present in the Court. 4. Learned counsel appearing on behalf of the petitioner, at the outset, submits that petitioner was married to the opposite party no. 2 on 04.07.2024 and the child was born Patna High Court CR. MISC. No.29667 of 2026(4) dt.13-08-2026 2/4 on 29.12.2024 i.e. within five months of the marriage, as such, the petitioner suspects that the child is not his on which the opposite party no. 2, who is present in the Court, submits that she was known to the petitioner from before and were in a relationship as she was a widow and when she became pregnant, the petitioner married her but now is taking such plea only with an intent to disgrace her. 5. On query of the Court from the learned counsel appearing on behalf of the petitioner that whether petitioner is willing for DNA test on which learned counsel appearing on behalf of the petitioner fairly submits, after instruction, that petitioner, for the present, is not agreeing. 6. It is submitted that the dispute is matrimonial and the relationship in between the parties has soured to an extent where it is not possible to revive the conjugal relationship but then with passage of time and on intervention of well-wishers, the parties may resolve the dispute amicably. It is further submitted that no useful purpose would be served by sending the petitioner to jail as petitioner being husband is aware of his responsibility and is willing to pay a monthly maintenance of Rs.10,000/- which shall commence from 27.08.2026. 7. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.29667 of 2026(4) dt.13-08-2026 3/4 opposite party no. 2, also based on instruction of the opposite party no. 2, submits that since petitioner is willing to pay a monthly maintenance of Rs.10,000/- to the opposite party no. 2, as such, no useful purpose would be served by sending him to jail, as chances of future reconciliation will also get marred, but, then it is submitted that if the petitioner, after obtaining anticipatory bail, does not pay the maintenance amount in that event what will happen on which learned counsel appearing on behalf of the petitioner submits that petitioner, before this Court, has undertaken to pay the maintenance and if the petitioner will breach the condition, the consequences would follow on which learned counsel appearing on behalf of the opposite party no. 2 submits that he will Whatsapp the bank account number of the opposite party no. 2 on the Whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance as agreed commences from 27.08.2026. 8. Learned A.P.P. for the State is present. 9. After hearing the learned counsel for the parties, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released Patna High Court CR. MISC. No.29667 of 2026(4) dt.13-08-2026 4/4 on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Dhaka P.S. Case No. 59 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. 10. However, it is made clear that if the amount of maintenance as agreed is not credited in the account of the opposite party no. 2 for two consecutive months, in that event, the opposite party no. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner. 11. It is further made clear that if a Court of competent jurisdiction fixes the maintenance in that event the present maintenance shall stop. 12. The personal appearance of the petitioner and the opposite party no. 2 is dispensed with. Kundan/- (Satyavrat Verma, J) U T