Md. Tausif Alam @ Md. Tausif Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Md. Tausif Alam @ Md. Tausif Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail (upon arrest or surrender within four weeks) granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria/concerned Court, subject to conditions under Section 438(2) Cr.P.C./ Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and apprehending arrest in Morkahi P.S. Case No. 23 of 2025, is entitled to be released on bail in the event of his arrest or surrender (pre-arrest/anticipatory bail).

Court's answer

Taking note of the fact that the petitioner is the husband with whom the marriage of the complainant was already dissolved through “Khula Nama” dated 29.06.2024, prior to lodging of the present case, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned CJM, Khagaria/concerned Court, where the case is pending.

Ratio / Principle

The release on bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — allowed. The petitioner, named in the F.I.R. in Morkahi P.S. Case No. 23 of 2025 (founded on Complaint Case No. 575C of 2024 before the CJM, Khagaria), registered for offences punishable under Sections 372, 373, 376, 386, 498A, 504, 506 and 34 of the Indian Penal Code, Sections 3 and 4 of the DP Act, Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, and Section 5 of the Immoral Traffic (Prevention) Act, 1956, sought pre-arrest bail. The Court took note that the marriage between the petitioner and the complainant stood dissolved through a “Khula Nama” dated 29.06.2024, i.e., prior to lodging of the present case — a fact conceded by counsel for the informant, who however submitted that the daughter's signature was obtained forcibly — and that the complaint was filed by the petitioner's mother-in-law alleging divorce by triple talak. Directing release in the event of arrest or surrender within four weeks, the Court granted bail on a bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria/concerned Court, subject to the conditions laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57129 of 2025

Arising Out of PS. Case No.-23 Year-2025 Thana- MORKAHI District- Khagaria

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

Md. Tausif Alam @ Md. Tausif S/O Late Md. Mobinuddin Resident of Madar South, P.S.- Morkahi, Dist.- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

Roshani Khatoon D/O Md. Rizwan Resident of Kainjari ward no. 1, P.S.Beldaur, Dist.- Khagaria.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr. Md Ataul Haque, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 07-11-2025

Heard the parties.

The petitioner is named in the F.I.R. and apprehending his arrest in connection with Morkahi P.S. Case No. 23 of 2025 registered for the offences punishable under Sections 372 373, 376, 386, 498A, 504, 506, 34 of the Indian Penal Code and Section 3 and 4 of DP Act, Section 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, and Section 5 of Immoral Traffic (Prevention) Act, 1956.

FIR is founded upon Complaint Case no. 575C of 2024 filed before learned CJM, Khagaria, wherein it is alleged that petitioner alongwith

Patna High Court CR. MISC. No.57129 of 2025(3) dt.07-11-2025 2/4

husband of the complainant, creates an impression that this petitioner was in illicit relationship with the complainant, which may help the husband of the complainant to get divorce. The complainant is the mother of the victim. The allegation of dowry demand is also available, which was for Rs. 5 lakhs and 50 grams gold. The mother of the victim alleged to force her daughter to join prostitution.

It is submitted by learned counsel appearing on behalf of the petitioner that the marriage of the petitioner was solemnized with the informant/ complainant already dissolved by way of “ Khula ”. Learned counsel relied upon Annexure P/2 running from page 23 to 26 of the present petition. It is pointed out that subsequently due to certain difference after obtaining “ Khula ”/ divorce the present complaint case was filed by the mother-in-law of this petitioner alleging that her daughter was divorced by using triple talak which is now illegal. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.57129 of 2025(3) dt.07-11-2025 3/4

Learned APP opposes the prayer of

bail.

Learned counsel for the informant while opposing the prayer of bail conceded qua “ Khula ” / divorce but submitted that signature of daughter of the complainant was obtained forcibly.

Considering aforesaid factual submission and by taking note of fact as petitioner is the husband, with whom marriage of the complainant was already dissolved through “Khula Nama” dated 29.06.2024 as discussed aforesaid prior to lodging present case, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria/concerned Court, where the case is pending in connection with Morkahi P.S. Case No. 23 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2)

Patna High Court CR. MISC. No.57129 of 2025(3) dt.07-11-2025 4/4

of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T