Somlal Kisku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1466 of 2025 Arising Out of PS. Case No.-2093 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Somlal Kisku Son of Chunnu Kisku Resident of Pariharpur Tola, P.S.- Azamnagar, District - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandani Murmu Wife of Somlal Kisku, Daughter of Dhuma Murmu Resident of Paharpur Tola, P.S.- Azamnagar, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner, learned counsel for the O.P.No. 2 and the State.

2. Petitioner apprehends his arrest in connection with Complaint Case no. 2093 of 2022 registered for the offences punishable under Sections 498A, 323 of the Indian Penal Code.

3. Earlier, notices were issued to the opposite party no. 2 vide an order dated 05.02.2025 and the same was validly served. However, despite the valid service the OP.No. 2 has not appeared in the present proceeding.

4. The allegation in the complaint is with regard to demand of dowry and torture.

5. The petitioner is husband of opposite party no.2. learned counsel for the petitioner submits that the marriage has taken place 7 years back and the petitioner never indulged any

Patna High Court CR. MISC. No.1466 of 2025(3) dt.23-04-2025 2/2 demand of dowry or meted out any torture to the wife.

6. It has further been submitted that the petitioner had made several attempts to bring his wife back to the matrimonial house but it was she, who had refused to live along with the husband and this fact would also be evident from the bail rejection order from which it demonstrated that the O.P.No.2 has refused to go with the petitioner.

7. Considering all the above mentioned facts and circumstances and also keeping in view that the petitioner has no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class -VIII, Katihar in Complaint Case No. 2093 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T