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2026 DAILYLAW 40895 (PAT)

Md. Faiz @ Md. Fariduddin Haque v. The State of Bihar

CR. MISC./80791/2024 · 2026-02-09

Sandeep Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80791 of 2024 Arising Out of PS. Case No.-237 Year-2019 Thana- COMPLAINT CASE - JHANJHARPUR District- Madhubani ====================================================== Md. Faiz @ Md. Fariduddin Haque son of Late Kari Basruddin Village- Kokodha ps -sakatpur, Dist- Darbhanga ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Afsana Khatoon Wife of Md. Faiz @ Md. Fariduddin Haque Village -kakodha ps- sakatpur, Dist- Darbhanga At P/A- D/o- Md. Babul village- khor Madanpur, ps- Bheja, Dist- madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hriday Narayan Harshit For the Opposite Party/s : Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 09-02-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Jhanjharpur C.R. Case No. 237 of 2019 instituted under Sections 498 of the IPC and Section 4 of Dowry Prohibition Act. 3. As per prosecution case, the petitioner is the husband of the complainant and the allegation against him is of demand of dowry and torture and there are three children born out of the wedlock. 4. Learned counsel for the petitioner has submitted that the children are staying with petitioner whereas the learned counsel for the complainant has submitted that the children are staying with the complainant. Patna High Court CR. MISC. No.80791 of 2024(3) dt.09-02-2026 2/3 5. Considering the submission of the parties and in view of the law down by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, this application of grant of anticipatory bail is allowed. 6. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Jhanjhapur, Disrict- Madhubani in connection with Jhanjharpur C.R. Case No. 237 of 2019, subject to the conditions laid down in Section 438(2) of Cr.P.C/ Section 482 of the B.N.S.S. 7. As a condition of this order, the petitioner is directed to pay a maintenance amount of Rs. 6,000/- for maintenance of his wife from the month of February, 2026 to the informant and the maintenance for the month of February, 2026 shall be paid to the informant within one week from the date of pronouncement of this order and thereafter the maintenance amount shall be paid to the informant every month before the 10th day of the month. 8. It is made clear that the order of maintenance passed by this Court shall be subject to the outcome of maintenance case of the Court of Principal Judge, Family Court concerned, if any. Patna High Court CR. MISC. No.80791 of 2024(3) dt.09-02-2026 3/3 9. At the time of furnishing of bail bond, the petitioner has to satisfy the court below as to whether the children are staying with him or not. 10. If the court below finds that children are not staying with the petitioner, the bail bonds of the petitioner shall not be accepted. vashudha/- (Sandeep Kumar, J) U T