Himanshu Raj @ Himanshu Raj Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12670 of 2025 Arising Out of PS. Case No.-365 Year-2023 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Himanshu Raj @ Himanshu Raj Sinha Son of Prabhat Kumar Lala Resident of Mohalla- Bilwesh, Sonardih, Katras Road, PS- Madhuban, Distt.- Dhanbad (Jharkhand) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Pallavi Priya, Wife of Himanshu Raj, D/O- Arvind Kumar Sinha R/OVillage- Jahangira, P.S.- Sultanganj, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP Mr. Navjot Yeshu, Adv.
Mr. Alok Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner, learned counsel for the O. P. No. 2 and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Complaint Case No. 365 of 2023 instituted for the offence punishable under Sections 323 and 498A of the IPC.
3. The prosecution case, in short, is that the complainant married to Himanshu Raj (petitioner), on 19.01.2022, and Rs 5 lakh was given to the petitioner's family for the purpose of marriage. It is further alleged that the accused demanded Rs. 5 lakh and a Bullet motorcycle, stating that only then would he allow her to live in her in-laws' house, and he
Patna High Court CR. MISC. No.12670 of 2025(2) dt.02-04-2025 2/3 also threatened to divorce her. It is further alleged that on nonfulfillment of these demands, the complainant was subjected to cruelty.
4. Learned counsel for the petitioner submits that the petitioner is the husband of opposite party no.2 and is willing to keep her with full dignity and honour.
5. Learned counsel for the opposite party no.2 submits that she is also ready to live with the petitioner, provided she is kept with full dignity and honour.
6. Learned APP submits that, in view of the fact that the parties are ready to live together, the Court may pass an appropriate order.
7.Having considered the facts and circumstance of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on provisional bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bhagalpur, in Complaint Case no. 365 of 2023, subject to the conditions laid down in section 438(2) of the Code of Criminal Procedure 1973, and further, the petitioner, as well as opposite party No. 2, is directed to appear before the
Patna High Court CR. MISC. No.12670 of 2025(2) dt.02-04-2025 3/3 Court below on 17-04-2025, and the petitioner shall take opposite party No. 2 with him to their matrimonial home from the Court below itself. Thereafter, both shall live together. The Court below shall monitor their relationship by calling them physically in Court every month for the next six months. Both the petitioner and opposite party No. 2 are further directed to appear before the concerned Court in the first week of each month. If the Court finds that opposite party No. 2 is living peacefully with the petitioner and has no grievance against him, the petitioner's provisional bail shall be confirmed. Otherwise, the Court shall pass an appropriate order, including the cancellation of bail of the petitioner.
8. It is expected that opposite party no.2 will also co-operate with the petitioner in restoring normal relationship between them.
9. The application stands disposed of.
(Khatim Reza, J) shyambihari/- U T