Md. Shadab Khan @ Md. Shadab Barikhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Md. Shadab Khan @ Md. Shadab Barikhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, upon arrest or surrender within four weeks before the learned Judicial Magistrate-Ist Class/concerned court, Hajipur, Vaishali, in connection with Complaint Case No. 2331 of 2023, subject to conditions under Section 438(2) Cr.P.C./482(2) of BNSS, 2023; petitioner further directed to pay Rs. 8,000/- per month as interim maintenance to opposite party no. 2 (subject to adjustment against any maintenance granted by another court) and to appear in any maintenance case filed by the complainant.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Complaint Case No. 2331 of 2023 (offences punishable under Section 498(A) IPC and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act), should be released on anticipatory bail. +1 more

Court's answer

Considering the facts and circumstances, especially the petitioner's offer to pay Rs. 8,000/- per month as interim maintenance to opposite party no. 2, the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, is to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-Ist Class/concerned court, Hajipur, Vaishali, in connection with Complaint Case No. 2331 of 2023, subject to the conditions laid down under Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

Ratio / Principle

The petitioner is directed to pay Rs. 8,000/- per month as interim maintenance to opposite party no. 2 (the informant).

Key takeaways

The interim maintenance granted by this Court shall be subject to adjustment, if any other court grants maintenance to opposite party no. 2.ratio¶26
The petitioner is directed to appear in the case, if any, filed by the complainant for her maintenance.ratio¶27

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court, Criminal Miscellaneous No. 8654 of 2025, oral order dated 01-11-2025 of Nawneet Kumar Pandey, J. The petitioner (Md. Shadab Khan), apprehending arrest in Complaint Case No. 2331 of 2023, Vaishali, registered for offences punishable under Section 498(A) IPC and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, was released on anticipatory bail upon arrest or surrender within four weeks before the learned court below, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class/concerned court, Hajipur, Vaishali, subject to the conditions under Section 438(2) Cr.P.C./482(2) of BNSS, 2023. Background: complainant Irfana Praveen (O.P. No. 2, wife) alleges marriage on 09-10-2022, dowry demand of Rs. 2,00,000/-, torture, atrocities during pregnancy, and a second marriage by the petitioner; petitioner claimed innocence and offered Rs. 8,000/- per month interim maintenance, which the court converted into a direction to pay Rs. 8,000/- per month interim maintenance to O.P. No. 2 (the informant), subject to adjustment if any other court grants maintenance, and further directed the petitioner to appear in any maintenance case filed by the complainant.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8654 of 2025

Arising Out of PS. Case No.-2331 Year-2023 Thana- VAISALI COMPLAINT CASE District- Vaishali

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

Md. Shadab Khan @ Md. Shadab Barikhan S/o Abdul Bari Khan @ Abdul Barkha @ Abdul Barikhan R/o vill - Fatahpur, P.O.- Bhutahi, P.S. - Sonebarsa, Distt.- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar Patna, Bihar

Irfana Praveen W/o Md. Shadab Khan R/o vill - Fatehpur, P.O. - Bhtahi, P.S. - Sonbarsa, Distt.- Sitamarhi, At present address D/o Md. Arshad Khan, R/o vill - Maricha Ram, P.o. and P.S. - Sarai, Distt.- Vaishali

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Pramod Kumar For the Opposite Party/s : Mr.Kumar Veerendra Narayan

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

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

6 01-11-2025

Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for O.P. No. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 2331 of 2023, registered for the offence punishable under Section 498(A) of the Indian Penal Code and 4 of Muslim Women (Protection of Rights on Marriage) Act.

The complainant Irfana Praveen makes allegation against the petitioner who is husband that the marriage was solemnized on 09-10-2022 according to Muslim Rites and Customs. When she went to her matrimonial house, the accused

Patna High Court CR. MISC. No.8654 of 2025(6) dt.01-11-2025 2/3

persons demanded dowry of Rs. 2,00,000/- and for nonfulfillment of the same, they started torturing the complainant. In the meanwhile, the petitioner conceived and even during course of pregnancy, the accused persons continued the infliction of atrocities.

It has been submitted on behalf of the complainant that the petitioner has solemnized the second marriage. He is working in Mascot as Marketing Executive and HRD department has given certificate that he was earning 3,000/Saudi Riadh which is equivalent to 71,000/- in Indian currency and in reply to that, learned counsel for the petitioner submits that the complainant herself cheated the petitioner. His further submission is that the salary of the petitioner is not as stated by the complainant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has submitted further that the petitioner is ready to pay Rs. 8,000/- per month as interim maintenance to opposite party no. 2.

On the other hand, the learned counsel for O.P. No. 2 has opposed the prayer for grant of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.8654 of 2025(6) dt.01-11-2025 3/3

Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 8,000/- per month as interim maintenance to opposite party no. 2, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class/concerned court, Hajipur, Vaishali in connection with Complaint Case No. 2331 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C./482(2) of BNSS, 2023.

The petitioner is directed to pay Rs. 8,000/- per month as interim maintenance to opposite party no. 2 (the informant). The interim maintenance granted by this Court shall be subject to adjustment, if any other court grants maintenance to the opposite party no. 2.

The petitioner is directed to appear in the case, if any, filed by the complainant for her maintenance.

(Nawneet Kumar Pandey, J)

A.K.V.//-

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