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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32571 of 2024

Arising Out of PS. Case No.-75 Year-2014 Thana- MAHILA PS District- Jamui

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Md. Mumtaz Alam Son of Md. Murtaza Resident of Village- Arha, P.S-

Chandradeep ,Dist- Jamui

... ... Petitioner

Versus

1. The State of Bihar

2. Rokaya Khatun, Daughter of Md. Ekbal And Wife of Md. Mumtaz, Resident

of Paternal Village - Adsar, P.S. and District - Jamui, Presently remarried

with Aftab Alam, Resident of Village - Chamandiha, P.S. and District -

Nawada

... ... Opposite Parties

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Appearance :

For the Petitioner/s : Mr.Amar Prakash, Advocate

For the Opposite Party/s : Mr.Mohammed Arif,APP

Mr. Pramod Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

3 28-01-2026 Heard learned counsel for the petitioner,learned APP

for the State and learned counsel for the informant.

2. The accused-petitioner, named in the F.I.R., is

apprehending his arrest in connection with Jamui Mahila P.S.

Case No. 75 of 2014 registered for the offences punishable

under Sections 323, 341, 504, 498A of the Indian Penal Code

and Section ¾ of the Dowry Prohibition Act.

3. The allegation against the petitioner is to commit

mental and physical cruelty upon the informant due to non-

fulfillment of demand of dowry as raised for a cash of Rs. Two

Lakhs.

Patna High Court CR. MISC. No.32571 of 2024(3) dt.28-01-2026

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4. Learned counsel appearing on behalf of the

petitioner submitted that subsisting present marriage with

petitioner, the informant solemnized marriage with another

person with whom she was in love and to dilute her illegal act,

the present false case was lodged against the petitioner.

5. It is submitted that even the allegation of

demanding dowry and committing mental and physical cruelty

appears very much general and omnibus in nature. Petitioner

claimed clean antecedent.

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

7. Mr. Pramod Kumar, learned counsel appearing for

the informant, while opposing the prayer for anticipatory bail

of the petitioner, fairly conceded that informant already

solemnized her marriage with another person without getting

her marriage dissolved with the petitioner in accordance with

law.

8. In view of the aforesaid factual submissions and by

taking note of the fact as allegation qua mental and physical

cruelty appearing very much general and omnibus in nature,

coupled with the fact that informant solemnized marriage with

Patna High Court CR. MISC. No.32571 of 2024(3) dt.28-01-2026

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another person subsisting her marriage with this petitioner,

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 S.D.J.M.,

Jamui/concerned court in connection with Jamui Mahila P.S.

Case No. 75 of 2014, 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.”).

(Chandra Shekhar Jha, J)

Rajeev/-

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