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Patna High CourtCR. MISC./13834/2025bail granted

Rajesh Sah v. The State Of Bihar

2025-12-23Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13834 of 2025 Arising Out of PS. Case No.-339 Year-2023 Thana- COMPLAINT CASE - DEHRI-ONSONE District- Rohtas ====================================================== Rajesh Sah Son of Naresh Sah Resident of Village- Lewda, P.O.- Badiha, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Usha Kumari Wife of Rajesh Sah, Daughter of Aash Pujan Singh Resident of Village Lewda, P.O. -Badiha, P.S.-Tilauthu, District- Rohtas, At Present Village- Bhaluaadi, P.o.- Shankarpur Badiha, P.S.-Indrapuri, District-Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Upadhyay, Adv.

For the State :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 339 of 2023, registered for the offences punishable under Section 498(A) of IPC and under Section 3⁄4 of D.P. Act.

3. It is a case of matrimonial dispute.

4. For exploring the possibility of amicable resolution of the dispute between the parties, the matter was referred to the Patna High Court Mediation and Conciliation Centre. The matter was settled in the Mediation Centre, but soon thereafter,

Patna High Court CR. MISC. No.13834 of 2025(4) dt.23-12-2025 2/3 the dispute re-arose between them. There is allegation and counter allegation.

5. The learned counsel for the OP No. 2 submits that after mediation process, the victim went to her matrimonial house, but she was not allowed to reside in her matrimonial house whereas the learned counsel for the petitioner contradicts the submission by submitting that opposite party no. 2 herself went from her matrimonial house.

6. On query of the Court, the learned counsel for the petitioner has submitted that he can provide Rs. 3,000/- per month as interim maintenance to OP No. 2 and he shall also pay the expenses of two years old child, who is residing with the mother.

7. Considering the above-mentioned facts and circumstances, 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 Sub-Divisional Judicial Magistrate, Dehri, Rohtas in connection with Complaint Case No. 339 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.13834 of 2025(4) dt.23-12-2025 3/3

8. The petitioner is directed to pay Rs. 3,000/- per month as interim maintenance to opposite party no. 2 (the complainant) and he shall also pay the expenses of two years old child, who is residing with the mother. The interim maintenance will be subject to any other order granted by any other Court of competent jurisdiction granting maintenance to Opposite Party No. 2 (the complainant).

9. In case of non-payment of interim maintenance for consecutive two months by the petitioner, the learned court below shall cancel his bail bond.

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