Vimlesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13703 of 2025 Arising Out of PS. Case No.-930 Year-2024 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Vimlesh Prasad Son of Bhoj Bhagat Resident of Village- Siyadi Khurd, PSBarhariya, District- Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Seema Devi Wife of Vimlesh Prasad Resident of Village- Siyadi Khurd, PSBarhariya, District- Siwan, Presently residing at D/o- Ramadhari Bhagat, R/O- Savnahi Patti Tola, Bairagiya, P.O.- Bathuwa Bazar, P.s.- Fulwariya, Distt.- Gopalganj,Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan, Adv.
For the State :
Mr.J.N. Thakur, APP For O.P. No. 2 :
Mr. Yogendra Tiwari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for O.P. No. 2.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 930 of 2024, registered for the offences punishable under Sections 498(A) of the IPC.
3. It is a case of matrimonial dispute. The complainant is wife of the petitioner. She alleges atrocities by her husband and his family members for non-fulfillment of demand of dowry and ultimately she was ousted from her matrimonial house.
4. Vide order dated 02.07.2025, the matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator shows that the matter could not be
Patna High Court CR. MISC. No.13703 of 2025(6) dt.15-10-2025 2/3 resolved between the parties and therefore, the mediation failed.
5. The learned counsel for the petitioner has submitted that two days prior to lodging of the present complaint petition, the petitioner had filed an informatory petition before the Court of the Sub-Divisional Magistrate, Gopalganj, in which, the petitioner informed the concerned court that the complainant had fled away from her matrimonial house with her ornaments and other belongings and was residing with her brother-in-law . He has further submitted that the relations between the parties have become irretrievable and it is not possible for the petitioner to keep the victim in his house. He has also submitted that the petitioner is ready to pay Rs. 4,000/- per month as interim maintenance to complainant.
6. On the other hand, the learned counsel for the complainant has opposed the prayer for bail and submitted that the father and mother of the complainant have already passed away and having no other option, she has taken shelter in her sister's house. He has further submitted that the complainant is spending her miserable days in financial scarcity in that house.
7. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 4,000/- per month as interim maintenance to opposite party no. 2, let the petitioner, in the event of his arrest or surrender within
Patna High Court CR. MISC. No.13703 of 2025(6) dt.15-10-2025 3/3 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-II Class, Gopalganj in connection with Complaint Case No. 930 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.
8. The petitioner is directed to pay Rs. 4,000/- per month as interim maintenance to opposite party no. 2 (the complainant). The interim maintenance granted by this Court shall be subject to adjustment, if any other court grants maintenance to the opposite party no. 2 (Nawneet Kumar Pandey, J) Nirmal/- U T