Md. Aklakh Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Aklakh Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Provisional anticipatory bail for six months from receipt/production of a copy of the order, on surrender before the learned trial court with bail bonds of Rs. 10,000/- and two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with C.A. Case No. 476 of 2022; confirmation contingent on amicable resolution/matrimonial harmony being restored or the informant failing to appear or becoming reluctant to reconcile.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in connection with C.A. Case No. 476 of 2022 (offences under Sections 498(A) IPC and Section 4 of D.P. Act).

Court's answer

Without going into the merits, provisional anticipatory bail is granted for six months from receipt/production of a copy of the order, upon surrender before the learned trial court with a bail bond of Rs. 10,000/- and two sureties of the like amount, to the satisfaction of learned S.D.J.M., Katihar, in connection with C.A. Case No. 476 of 2022.

Ratio / Principle

If an amicable resolution of the matrimonial dispute is worked out within six months, the petitioner would be entitled to confirmation of his provisional anticipatory bail.

Key takeaways

The provisional anticipatory bail will be confirmed by the learned trial Court in any of three eventualities: (i) matrimonial harmony is substantially restored; (ii) the informant fails to appear before the learned trial court; or (iii) the informant gets reluctant to reconcile the issue.ratio¶21
The concerned (trial) Court is directed to make suitable efforts for conciliation between the parties, who were noted as ready to settle the dispute.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail - matrimonial dispute - Sections 498(A) IPC and Section 4 D.P. Act (C.A. Case No. 476 of 2022, Katihar). Petitioner, husband of opposite party no. 2, sought anticipatory bail; both parties indicated readiness to settle the dispute. Without entering into merits, the High Court (Alok Kumar Pandey, J.; order dated 04-09-2025) granted PROVISIONAL anticipatory bail for six months from receipt/production of a copy of the order, on surrender before the learned trial court with bail bonds of Rs. 10,000/- (ten thousand) and two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar. The concerned Court was directed to make suitable efforts at conciliation; the parties were left free to work out an amicable resolution. Confirmation of the provisional anticipatory bail follows if an amicable resolution emerges within six months, and in any of three eventualities: substantial restoration of matrimonial harmony, failure of the informant to appear before the trial court, or the informant becoming reluctant to reconcile. Petition disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22856 of 2025

Arising Out of PS. Case No.-476 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar

======================================================

Md. Aklakh Alam S/O Mohammad Hasen R/O Village- Rohiya Murbatpur, P.S.- Azam Nagar, District- Katihar

... ... Petitioner

Versus

The State of Bihar

Shanesha Khatoon W/O Md. Aklakh Alam, D/O Late Shalauddin R/O Kushha Baltar, P.S.- Azam Nagar, Dist.- Katihar.

... ... Opposite Parties

====================================================== Appearance : For the Petitioner/s : Mr.Pravin Chandra Prasad For the Opposite Party/s : Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

4 04-09-2025 Heard both sides.

The petitioner seeks anticipatory bail in connection

with C.A. Case No. 476 of 2022 registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of D.P. Act.

Petitioner is husband of opposite party no. 2 and both parties are ready to settle the dispute.

Without going into the merits of the matter, petitioner is granted provisional anticipatory bail for a period of six months from the date of receipt/production of a copy of this order in the event of surrender before the learned trial court on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.22856 of 2025(4) dt.04-09-2025 2/2

amount each to the satisfaction of learned S.D.J.M., Katihar in connection with C.A. Case No. 476 of 2022.

The concerned Court is directed to make suitable efforts for the purpose of conciliation between the parties.

The petitioner and the opposite party no. 2 would have the opportunity to work out an amicable resolution of the issue.

If an amicable resolution is worked out within six months, petitioner would be entitled to confirmation of his provisional anticipatory bail.

The provisional anticipatory bail of the petitioner will be confirmed by learned trial Court in three eventualities, (i) if the matrimonial harmony is substantially restored, (ii) if the informant fails to appear before the learned trial court or (iii) if the informant gets reluctant to reconcile the issue.

With the aforesaid observation, this petition stands disposed of.

(Alok Kumar Pandey, J)

shahzad/-

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