Patna High Court - Orders
Md. Istiyak Alam @ Md. Istiyaque Alam @ ... vs The State Of Bihar on 30 April, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86891 of 2024
Arising Out of PS. Case No.-2104 Year-2022 Thana- PURNIA COMPLAINT CASE District-
Purnia
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Md. Istiyak Alam @ Md. Istiyaque Alam @ Istiyak Alam S/o Md. Ikbal @
Iquabal Resident of Village Mohammadpur, PS-K Nagar (Chhampanagar),
District-Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nazma Khatoon W/o Md. Istiyak Alam, D/o Mumtaz R/o Village and P.O-
Parasmani, P.S.-K.Nagar, Permanent R/o Village-Gokhulpur, P.S- K. Nagar,
District-Purnea and Villaqge-Mahammadpur, P.s.-K. Nagar (Champanagar),
District-Purnea.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
For the Informant : Md. Fazle Karim, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 30-04-2025Heard Mr. Ajit Ranjan Kumar, learned counsel for the petitioner, Md. Fazle Karim, learned counsel for the complainant/informant as well as Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 2104 of 2022 for the offences punishable under Sections 323, 379, 498(A) of the Indian Penal Code.
3. According to prosecution case, the complainant/informant was married to the petitioner on 06.06.2014 and three children were born out of this wedlock. It is alleged that the petitioner demanded dowry from the Patna High Court CR. MISC. No.86891 of 2024(4) dt.30-04-2025 2/4 complainant/informant and threw her out of her matrimonial home. It is further alleged that the petitioner has solemnized second marriage and do not maintain her and her three children.
4. Persuant to the direction of this Court, learned counsel for the complainant/informant informed this Court that the petitioner has performed second marriage and in view of the aforesaid the complainant/informant is not ready to live with the petitioner and complainant/informant has already filed a Maintainance Case No. 281 of 2022 which is pending for consideration before the Principal Judge, Family Court, Purnea and despite of valid service of notice the petitioner is not appearing in the aforementioned maintainance case.
5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the ground that he is the husband of the complainant/informant. Learned counsel for the petitioner on instruction submits that the petitioner is ready to deposit Rs. 3,000/- per month to the complainant/informant in her bank account. Learned counsel for the petitioner undertakes that the petitioner shall appear in the Maintainance Case No. 281 of 2022 which is pending before the competent Court of law for consideration.
6. The learned Additional Public Prosecutor and Patna High Court CR. MISC. No.86891 of 2024(4) dt.30-04-2025 3/4 learned counsel for the complainant/informant have vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Purnea in connection with Complaint Case No. 2104 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the B.N.S.S., 2023 and with other following conditions:-
i. Petitioner is directed to pay Rs. 3,000/- per month as maintainance in the first week of every/per month to the complainant/informant, namely, Mrs. Najrana Khatun in her bank account whose details are- Name- Mrs. Najrana Khatun Account Number- 44062272329 IFSC Code:- SBIN0001436 and if the petitioner fails to pay the aforesaid maintainance amount to the complainant/informant till disposal of the aforesaid Maintainance Case, the complainant/informant has liberty to move before the appropriate forum for cancellation of the bail bond of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be Patna High Court CR. MISC. No.86891 of 2024(4) dt.30-04-2025 4/4 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) priyanka/-
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