Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19586 of 2025 Arising Out of PS. Case No.-274 Year-2023 Thana- DANIYAWAN District- Patna ====================================================== Rajesh Kumar S/O Kameshwar Mahto Resident of village - Traura, P.SDaniyawan, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anju Kumari W/O Rajesh Kumar,D/O Kapur Mahto R/O Mohalla- Kamla Nehru Nagar, P.O- G.P.O, P.S- Kotwali, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP For the Informant :
Ms. Barkha Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard Mr. Arvind Kumar Pradhan, learned counsel for the petitioner and Ms. Barkha Singh on behalf of the informant besides Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner apprehends arrest in connection with Daniyawan P.S. Case No. 274 of 2023 dated 12.10.2023, instituted under Sections 341, 323, 498A, 504/34 of the Indian Penal Code and under Section 3/4 of the Code of Dowry Prohibition Act.
3. As per the prosecution story, the informant alleged that she was married to the petitioner and was tortured for dowry, and on one fine day was also assaulted. It was only due to the neighbour who called the police whereafter she was sent
Patna High Court CR. MISC. No.19586 of 2025(4) dt.16-09-2025 2/3 to the Primary Health Centre Daniyawan and then to the Nalanda Medical College Hospital, that she could be saved. Later, she returned to her parents' home. A Panchayat took place where again they abused her. Having found no light coming out of the tunnel, this the FIR.
4. Learned counsel for the petitioner submits that the lady always used to quarrel with the family, they were fed up with her. No dowry was demanded, in fact, she is suffering from epilepsy and has come up with her report of P.M.C.H in support of the claim.
5. The informant is appearing through the learned counsel Ms. Barkha Singh, and according to her, not only she was tortured, but was also assaulted and had to rush to N.M.C.H whereafter, she returned to her parent's home. Further, contrary to the medical document that has been managed by the petitioner, pursuant to the said allegation that she suffers from epilepsy, she got herself examined in the Medanta hospital on 26.07.2024. The report has been provided to the Court for perusal which shows that she is absolutely normal.
6. Considering the allegation that has come against the petitioner and the fact that it was due to the help of the neighbour that she came out of the in-laws home and rushed to
Patna High Court CR. MISC. No.19586 of 2025(4) dt.16-09-2025 3/3 the Primary Health Centre and then to N.M.C.H., the FIR shows that she has suffered at the hands of the petitioner who being the husband was duty bound to protect her, in that background, no relief can be extended.
7. The anticipatory bail application stands rejected. (Rajiv Roy, J) krishnakant/- U T