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Patna High CourtCR. MISC./2286/2025bail rejected

Kishore Keshav Mishra @ Keshav Kumar Mishra v. The State Of Bihar

2025-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2286 of 2025 Arising Out of PS. Case No.-17 Year-2023 Thana- MUNGER COMPLAINT CASE DistrictMunger ====================================================== Kishore Keshav Mishra @ Keshav Kumar Mishra S/O Dhirendra Mohan Mishra R/o- Salempur, P.S- Surajgarha, District- Lakhisarai ... Petitioner

Versus

1.

The State of Bihar 2.

Shubra Mishra D/O Sudhanshu Shekhar Mishra R/O Vill.- Purani Ganj, P.S.- Kasimbazar, Dist.- Munger.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjiv Kumar Singh, Advocate For the Opposite Party :

Mr.Ramchandra Sahni, A.P.P.

Mr. Kumar Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 498A, 506, 504, 323/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

3. Prosecution case in brief is that opposite party no.2 was married with the petitioner in 2021. After marriage, this petitioner along with other accused persons started demanding Rs. 20 lacs as dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted opposite party no.2 from her matrimonial house.

4. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner has filed divorce case vide Matrimonial Case No. 204 of 2022 before the Family Court, Munger.

5. Pursuant to order of this Court, the matter was

Patna High Court CR. MISC. No.2286 of 2025(6) dt.11-08-2025 2/2 referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').

6. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house. It is further submitted that she has no means of livelihood and is on the verge of starvation. Learned counsel further submits that the petitioner is not paying litigation cost as well as interim maintenance as directed by Principal Judge, Family Court, Munger vide order dated 15.7.2024, passed in Matrimonial Case No. 204/2022.

7. Since, there is allegation against the petitioner that he demanded Rs.20 lacs as dowry from opposite party no.2 and on non-fulfilment of the same, he subjected her to cruelty and harassment and also ousted her from the house and petitioner is not paying litigation fee and maintenance pendentelite of Rs.7000/- per month, ordered by the Family court, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T