Disposed¶28

Md. Javed v. The State of Bihar

Patna HC28 Apr 2025CR. MISC./53340/2024

Case brief

AI extract

What is this about?

Anticipatory bail Patna High Court 2025; CR. MISC. No.53340 of 2024; Soni Shrivastava J; Sections 147, 498A, 323 IPC; dowry demand assault ouster wife informant Samastipur complaint case PS No.1197 of 2021; Section 438(2) CrPC; Section 482(2) BNSS 2023; bail bond Rs.10,000 two sureties C.J.M. Samastipur; monthly payment Rs.3,000 subject to maintenance; mediation failed order 17.12.2024; cancellation on violation; application disposed.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S., 2023 conditions and co-operation in investigation/trial; monthly payment of Rs.3,000/- to opposite party no. 2 offered, subject to maintenance/collateral proceedings.

Md. Javed Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with C.R. (Complaint) P.S. Case No.1197 of 2021 registered for offences under Sections 147, 498A and 323 of the Indian Penal Code.

¶18

Court's answer

Petitioner apprehending arrest in the Samastipur complaint case is released on bail (anticipatory bail) on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Samastipur.

¶24

Ratio / Principle

The bail grant is made subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure / Section 482 (2) of the B.N.S.S., 2023.

¶24

Key takeaways

The petitioner is further conditioned to co-operate in the investigation/trial.ratio¶24
On any violation of the bail conditions, opposite party no. 2 is at liberty to approach the learned Court below for cancellation of the anticipatory bail of the petitioner.ratio¶26
The petitioner's offered monthly payment of Rs.3,000/- to opposite party no. 2 is subject to any order passed in the matrimonial maintenance case or any other collateral proceeding.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), CR. MISC. No.53340 of 2024, decided 28-04-2025: anticipatory bail granted under Section 438(2) CrPC / Section 482(2) B.N.S.S., 2023 to the petitioner-husband apprehending arrest in C.R. (Complaint) P.S. Case No.1197 of 2021, Samastipur, registered for offences under Sections 147, 498A and 323 IPC, wherein the informant-wife alleged mental and physical assault over non-fulfilment of dowry demand and ouster from the matrimonial home after marriage solemnized on 25.11.2019. Bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur; petitioner to co-operate in investigation/trial; on violation, opposite party no. 2 free to seek cancellation before the Court below. Earlier reference to Patna High Court Mediation Center (order dated 17.12.2024) bore no settlement; petitioner offered Rs.3,000/- per month to opposite party no. 2, expressly subject to any matrimonial maintenance or collateral proceeding; opposite party no. 2 (per counsel, under instruction) undertook to provide bank account details on affidavit within two weeks. Application disposed of.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53340 of 2024

¶2

Arising Out of PS. Case No.-1197 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

¶3

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

¶4

Md. Javed S/o- Md. Januddin @ Md. Jainuddin Village- Simra Ps- Sakra Dist- Muzaffarpur

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Nusrat Parveen wife of Md. Javed, D/o- Md. Najim Village - Dharampur W.No-2, Ps- Samastipur Dist- Samastipur

¶9

... ... Opposite Party/s

¶10

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

¶11

Appearance :

¶12

For the Petitioner/s : Mr.Nafisu Zzoha For the Opposite Party/s : Mr.Surendra Prasad Singh

¶13

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

¶14

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

¶15

6 28-04-2025

¶16

Heard learned counsel for the petitioner, learned

¶17

APP for the State and learned counsel for the informant.

¶18

The petitioner apprehends his arrest in connection with C.R. (Complaint) P.S. Case No.1197 of 2021 registered for offences under Sections 147, 498A and 323 of the Indian Penal Code.

¶19

As per the prosecution case, the informant states that her marriage was solemnized with the petitioner on 25.11.2019. After some years of marriage, all accused persons including the petitioner herein started to assault her mentally

¶20

Patna High Court CR. MISC. No.53340 of 2024(6) dt.28-04-2025 2/3

¶21

and physically on account of non-fulfillment of demand of dowry and ultimately ousted her from matrimonial house.

¶22

Learned counsel for the petitioner submits that earlier vide order dated 17.12.2024, the matter was sent to the Patna High Court, Mediation Center for reaching settlement between the parties but no settlement has been arrived at between the parties.

¶23

At this stage, the petitioner offers to give Rs.3000/(Rupees Three Thousand) per month to opposite party no.2 in 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 proceeding.

¶24

In such view of the matter, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur, in connection with C.R. (Complaint) P.S. Case No.1197 of 2021 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial. In

¶25

Patna High Court CR. MISC. No.53340 of 2024(6) dt.28-04-2025 3/3

¶26

any case of violation of the same, the opposite party no. 2 is at liberty to approach the learned Court below for cancellation of anticipatory bail of the petitioner.

¶27

Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned Court below.

¶28

Accordingly, this application stands disposed of.

¶29

(Soni Shrivastava, J)

¶30

sharun/-

¶31

U T

Md. Javed v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Javed v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Navneet Kumar Vs The State of Bihar

Salo Devi @ Shalo Devi @ Shaili Devi @ Sholi Devi Vs The State of Bihar

Navin Kumar Vs The State Of Bihar

Somnath Mahto @ Somnath Kumar Vs the State of Bihar

Pranav Kumar Singh Vs The State of Bihar

Deepak Kr. Sharma @ Dipak Kumar Sharma Vs the State of Bihar