Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6372 of 2025 Arising Out of PS. Case No.-919 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Vijay Das S/O Pratap Das R/O Vill.- Rustampur, Dahutola, P.O.- Rustampur, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari D/O Pintu Das, W/O Vijay Das R/O Mohalla- Nijampur, P.O.- Kachhi Dargah, P.S.- Didarganj, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh, Adv.

For the State :

Mr.Mritunjay Kumar Nirala, APP For O.P. No. 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2025 Despite the valid service of notice, the opposite party no. 2 did not choose to appear whereas learned counsel for the petitioner as well as learned APP for the State are in appearance.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 919 of 2023, registered for the offences punishable under Sections 498A of the IPC.

3. According to allegation, the marriage of the petitioner was solemnized with the complainant on 03.06.2015. Thereafter, two sons were born out of the wedlock of the couple. It has further been alleged that the fact of the petitioner's previous marriage was concealed by him and he solemnized second marriage with the complainant. It has also been alleged that the petitioner and his family members demanded Rs. 50,000/- as dowry and that she was

Patna High Court CR. MISC. No.6372 of 2025(4) dt.24-09-2025 2/3 ousted from the matrimonial house.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. Both the sons are residing with the petitioner. The petitioner is a labourer and has falsely been implicated. The marriage of the petitioner was solemnized in the year 2015 and the present complaint has been filed after eight years, i.e., after the birth of two children from the wedlock with the complainant. He has further submitted that the petitioner is ready to pay Rs. 2,000/- per month as interim maintenance to opposite party no. 2.

5. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 2,000/- per month as interim maintenance to opposite party no. 2, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna City in connection with Complaint Case No. 919 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

6. The petitioner is directed to pay Rs. 2,000/- per month as interim maintenance to opposite party no. 2 (the informant). The interim maintenance granted by this Court

Patna High Court CR. MISC. No.6372 of 2025(4) dt.24-09-2025 3/3 shall be subject to adjustment, if any other court grants maintenance to the opposite party no. 2

7. It is made clear that if the petitioner fails to pay two continuous installments, his bail bond shall stand cancelled.

(Nawneet Kumar Pandey, J) Nirmal/- U T