IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34255 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- SATHI District- West Champaran ======================================================

Md. Danish S/o Gyasuddin Maulana R/o Village- Sathi, P.S.- Sathi, District- West Champaran.

... ... Petitioner Versus

1. The State of Bihar

2. Afsarina Khatoon W/o Md. Danish D/o Murtuja Ansari, R/o Village-

Sathi Ward No., 10, P.S.- Sathi, District- West Champaran at present Bakuchia, P.S.- Shanichari, District- West Champaran ... ... Opposite Party ======================================================

Appearance :

For the Petitioner : Mr.Raki Alam, Advocate For the State : Mr.Nawal Kishore Prasad, APP For the O.P. No.2 : Mr. Umesh Pd. Gupta, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

5 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State duly assisted by learned counsel for the informant/O.P. No.2.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Sathi P.S. Case No. 261 of 2024 registered for the offences punishable under Sections 341, 323, 354, 498A, 504, 506, 143 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

3. The allegation against the petitioner is to commit cruelty upon the informant/O.P. No. 2 due to non-fulfillment of demand of dowry as raised for a cash of Rs. Five Lakhs and one Apache Motorcycle. It is also alleged that the informant/O.P. No. 2 was assaulted badly during course of occurrence by the petitioner/husband and his family members, who are also named accused persons.

4. Learned counsel appearing on behalf of the petitioner submitted that allegation qua physical assault and demand of dowry is appearing very much general and omnibus in nature as to implicate the entire family members of petitioner with oblique motive. The informant made fourteen (14) family members of the petitioner as accused in the present case.

5. It is submitted that petitioner is not willing to continue his matrimonial relationship with the informant/O.P. No. 2 due to her violent behaviour and, moreover, he decided to dissolve his marriage in accordance with their personal law, but fairly conceded that till date his marriage with O.P. No. 2 is existing.

6. In this context, it is submitted that petitioner undertake to pay Rs. 6000/- per month to the informant/O.P. No. 2 without fail for her maintenance till any direction of the concerned Family Court to save the informant/O.P. No. 2 from destitution.

7. The petitioner is also appearing in-person, who also affirmed and undertake before the Court that he will pay Rs. 6000/- per month the informant/O.P. No. 2, which the informant/O.P. No. 2 namely, Afsarina Khatoon, also agreed for.

8. Learned A.P.P. for the State is present.

9. Learned counsel appearing for the informant/O.P.

No. 2 has endorsed the submission as advanced by learned counsel for the petitioner.

10. In view of the aforesaid submission and by considering the nature of allegation and also as petitioner has undertaken to pay Rs. 6000/- per month to the informant/O.P. No. 2 till outcome of the maintenance proceeding before the competent family court, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1^st Class, Bettiah, West Champaran/concerned court in connection with Sathi P.S. Case No. 261 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).

11. In view of aforesaid undertaking of the petitioner, petitioner has handed over Rs. 6000/- in cash to the informant/O.P. No. 2, which she accepted in