Avinash Trivedi @ Avinash Tr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8188 of 2026 Arising Out of PS. Case No.-49 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Avinash Trivedi @ Avinash Tr. S/O Sudhir Trivedi R/O Village- Madhopur, P.S- Mushahari, Distt.- Muzaffarpur, A/P Address- PHD Reserch Scholor, NIT Tiruchirappalli, Tamilnadu, Mob. No.- 7003887597. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rashmi Raj wife of Avinash Trivedi Daughter of Dinesh Prasad Singh Bairiya Bus Stand, Muzaffarpur, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manish Jha & Ms. Shrishti, Advocates For the State :
Mr. Shailendra Kumar, A.P.P.
For the O.P.-2 :
Mr. Prabhakar Tekriwal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2026 In compliance of earlier order dated 17.06.2026, both parties i.e. Avinash Trivedi (husband) and Rashmi Raj (wife) are present. Their personal appearance is, hereby, dispensed with.
2. Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed.
3. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2.
4. The petitioner, who is husband of opposite party no.
Patna High Court CR. MISC. No.8188 of 2026(4) dt.08-07-2026 2/3 2, apprehends his arrest in a case registered for the offences under Sections 126(2), 127(2), 115(2), 109, 303(2), 85, 351(2), 352, 3(5) of the B.N.S., 2023 and Section 3/4 of the Dowry Prohibition Act.
5. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
6. Learned counsel for the petitioner submits that petitioner denies the allegation made in the present petition and submits that he never committed torture to opposite party no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 5,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.
7. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 5,000/- (Rupees five thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, East Muzaffarpur in connection with Mahila (Muzaffarpur) P.S. Case No. 49 of 2025, subject to the conditions laid down under
Patna High Court CR. MISC. No.8188 of 2026(4) dt.08-07-2026 3/3 section 482 of the B.N.S.S. as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) anay U T