Patna High Court – Orders
Md. Ajaj Ahmad @ Md. Ajaj vs The State Of Bihar on 16 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70179 of 2024
Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA P.S District- Supaul
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Md. Ajaj Ahmad @ Md. Ajaj Son of Md. Asfaque Ahmad R/O Vill.- Osari
Ramganj, Ward no. 09, P.S.- Forbesganj, Dist.- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Danishta Praveen Daughter of Md. Jubair, Wife of Md. Ajaj @ Md. Ajaj
Ahmad R/O Vill.- Simrahi, Ward no. 05, P.S.- Raghopur, Dist.- Supaul, At
Present- Nagar Parishad, Supaul, Gajana Chowk, P.S. and Dist.- Supaul.
... ... Opposite Party/s
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Appearance :
For the Petitioner : Mr. Ramesh Kumar Singh, Advocate
For the O.P. No.2 : Mr. Amrit Abhijat, Advocate
For the State : Mrs. Meena Singh, APP
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-06-2025
Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned APP for the
State.
2. The petitioner apprehends his arrest for the offences
punishable under Sections 498A, 341, 342, 323, 325, 504, 379,
406 and 307 of the Indian Penal Code.
3. The petitioner is the husband and there is allegation
of demand of dowry and torture.
4. It is submitted by learned counsel for the petitioner
that the allegations made in the complaint are totally false. As a
matter of fact, the petitioner is ready to keep the complainant/
opposite party no.2 in his house with full honour and dignity.
Patna High Court CR. MISC. No.70179 of 2024(4) dt.16-06-2025
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This was the stand taken before the Mediation Center where on
several dates the opposite party no.2 did not appear, despite
issuance of notice by the Mediation Center itself. On the
strength of such facts, it has been submitted that the opposite
party no.2 is neither interested to take part in the proceeding nor
is interested in staying with the petitioner.
5. Learned counsel for the opposite party no.2
submits that on account of some communication gap, she could
not participate in the mediation proceedings. He further submits
that as she has suffered injury at the hands of the petitioner, she
is not agreeable to live with him.
6. At this stage, the petitioner offers to give Rs.1500/-
(Rupees Fifteen Thousand) per month to the opposite party no.2
in the first week of every month. It goes without saying that the
aforesaid payment shall be subject to any order passed in
matrimonial maintenance case or any other collateral
proceedings.
7. In such view of the matter, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.70179 of 2024(4) dt.16-06-2025
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each to the satisfaction of learned Court below where the case is
pending/successor Court in connection with Mahila P.S. Case
No.25 of 2023, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C.
8. Learned counsel for the opposite party no.2 is
directed to make available the bank account details of opposite
party no.2 to the petitioner within a period of two weeks from
today. If the opposite party no.2 furnishes the bank account in
which the amount can be transferred, and yet the petitioner fails
to give the aforesaid amount on two consecutive dates to
opposite party no.2, the opposite party would be at liberty to file
an application for cancellation of bail bonds of the petitioner.
9. However, an argument on behalf of the petitioner
has been made that opposite party no.2 has now remarried and
in case the petitioner is able to furnish any evidence in that
regard before the learned Court below the payment of Rs.1500/-
can be altered with.
10. Accordingly, this application stands disposed of.
(Soni Shrivastava, J)
Trivedi/-
U T