Bhupesh Mahto @ Bhupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16119 of 2025 Arising Out of PS. Case No.-654 Year-2022 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Bhupesh Mahto @ Bhupesh Kumar S/O Wakildeo Prasad Mehta @ Wakildeo Mahto @ Wakil Mahto R/O Village- Jhapani, P.S- Mednichauki, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Bharti W/O Bhupesh Kumar @ Bhupesh Mahto D/O Bimal Mandal, R/O Village- Bhirha, P.S- Mednichak, Dist.- Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Pandey, Adv.
For the State :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and he is the husband of the complainant.
3. The instant case arises out of the complaint filed by the opposite party no.2, wife of the petitioner, alleging therein that there was demand of Rs. 5 lakh and the consequent torture upon her.
4. It is submitted by learned counsel for the petitioner that the allegations made in the FIR are not correct and as a matter of fact, the marriage dates back to the year 2012 and the
Patna High Court CR. MISC. No.16119 of 2025(3) dt.19-06-2025 2/3 petitioner has always been ready to keep his wife and his daughter with full dignity and honour, but it is the complainant who has left the matrimonial household despite the fact that the petitioner is the one who got her completed B.Ed. Degree course and at present, she is also working as a Teacher in a private school in Munger. It is also submitted that the petitioner also has a policy of Jeevan Labh in which he has made his wife (complainant) as a nominee.
5. Learned APP for the State and learned counsel appearing for the complainant opposes the prayer for anticipatory bail. Learned counsel for the complainant supports the allegations made in the complaint and submits that at present, the complainant is not desirous of continuing the matrimonial relationship with the petitioner.
6. At this stage, learned counsel for the petitioner makes an offer that the petitioner would make the payment of Rs.4500.00/- (Rupees Four Thousand Five Hundred) per month to the complainant in the second week of every month for the sustenance of his daughter.
7. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a
Patna High Court CR. MISC. No.16119 of 2025(3) dt.19-06-2025 3/3 period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 654(C) of 2022, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.
8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
9. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If the complainant fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. If the petitioner fails to pay the aforesaid amount on two consecutive months, the complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T