Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15365 of 2025 Arising Out of PS. Case No.-1111 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Santosh Kumar S/o- Dhananjay Chauhan R/o - Puna Nonia Bigha, P.S - Hilsa, District - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Galo Devi @ Sangita Devi W/o- Santosh Kumar Village- Puna Nonia Bigha Ps- Hilsa Dist- Nalanda, P/A- Bishunpur Ps- Manpur Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2025 Heard Mr. Pankaj Kumar, learned counsel for the petitioner and Mr. Md. Nazir Ansari, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 1111(C)of 2022, for the offences punishable under Sections 498A/34 of the Indian Penal Code.

3. As per the First Information Report, the petitioner used to harass and torture the complainant due to nonfulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.15365 of 2025(3) dt.15-05-2025 2/3 implicated in the present case merely on the basis that he is the husband of the complainant and infact the present complaint petition has been filed when complainant got knowledge about Divorce Case No. 319 of 2022 filed by the petitioner on 25.08.022 against the complainant who happens to be the wife of the petitioner.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Nalanda in connection with Complaint Case No. 1111(C)of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.15365 of 2025(3) dt.15-05-2025 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T