Manoj Kumar Yadav @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2029 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Manoj Kumar Yadav @ Munna S/O Mangan Yadav Resident of villageSimma, Ward No.- 15, P.S- Jalalgarh, District- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Nippu Kumari D/O Kulnand Yadav R/O Village- Gaiyari, P.S- Araria, Dist.- Araria.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP For the O.P. No. 2 :
Mr. Gopal Jha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in connection with Mahila P.S. Case no.43 of 2024 registered under sections 126(2), 115(2), 85, 3(2) of the B.N.S Act, 2023.
3. As per the prosecution case, the informant states that her husband Manoj Kumar Yadav, the petitioner herein, started to assault the informant mentally and physically on account of non-fulfillment of demand of dowry and also ousted her from matrimonial house.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2029 of 2025(3) dt.24-04-2025 2/3 petitioner has been falsely implicated in the case. The allegation of demand of dowry and torture is false and concocted. The petitioner is always ready to keep his wife with full dignity and honour.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no. 2 who submits that the petitioner has solemnized the second marriage. In response, learned counsel for the petitioner submits that that the allegations is totally false as the petitioner has never performed any second marriage.
6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 2,500/- to his wife in the second week of every month for her basic requirements along with her children. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Mahila P.S. Case no.43 of 2024 on furnishing
Patna High Court CR. MISC. No.2029 of 2025(3) dt.24-04-2025 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrat, Araria, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 2,500/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.
(Soni Shrivastava, J) Harsh/- U T