Patna High CourtCR. MISC./19452/2025bail granted

Ravi Shekhar Verma v. The State Of Bihar

2025-08-13Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19452 of 2025 Arising Out of PS. Case No.-654 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Ravi Shekhar Verma Son of Late Raman Kumar Verma R/o Mohalla -Anand Pathology Rambha Raman Niwas, Ward No 24, Bengali Tola, PO -Forbesganj PS- Forbesganj Distt -Araria ... ... Petitioner/s

Versus

The State of Bihar 2.

Prerna Mallik Wife of Ravi Shekhar Verma village- Kudhani, Ward no. 24, Bengali Tola, Po- forbesganj, Ps- Forbesganj, Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. M. Ashraf, Sr. Adv.

Mr. Rana Hason Mrs. Homa Yunus For the Opposite Party/s :

Mr. Mohammad Sufyan For the Informant :

Mr. Mukesh Kumar Rana.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the Informant.

2. This application, for grant of anticipatory bail, arises out of Forbesganj Police Station Case No. 654 of 2024, dated 20.10.2024, disclosing offences under Sections 126(2)/115(2)/85/352/3(5) of the Bhartiya Nyaya Sanhita and Section 3/4 of the Dowry Prohibition Act.

3. The prosecution case, as per the First Information Report, is that the marriage of the opposite party no. 2 was solemnized with the petitioner in the year 2022. After the

2/4 marriage, the petitioner and other accused persons started demanding four wheeler and Rs. 5 Lakh cash as dowry. Due to non-fulfillment of demand of dowry, the informant was tortured physically and mentally by the petitioner and others.

4. The matter was referred to mediation centre vide order, dated 16.04.2025, by this Court, however, the mediation failed.

5. Mr. S. M. Ashraf, learned senior counsel for the petitioner submits that the petitioner is husband of the opposite party no. 2 and allegation of demand of dowry and torture/assault is fabricated inasmuch as there was marital discord between the husband-petitioner and wife-opposite party no. 2. He next submits that the petitioner had filed divorce case against the petitioner no. 2, bearing Matrimonial (Diorce) Case No. 297 of 2024, dated 24.09.2024, under Sections 13(1)(ia) of the Hindu Marriage Act and the notice was issued to the opposite party no. 2 on 30.09.2024.

6. On the other hand, Mr. Mukesh Kumar Rana, learned counsel for the Informant, submits that marriage was solemnized in the year 2022 and the petitioner got

3/4 appointed to Class-III post on compassionate grounds in the Office of District Education Officer, Bhagalpur. After having appointed in the Government job, the petitioner started demanding dowry in the form of four wheeler and Rs. 5 Lakh as cash. Out of wedlock, one male child was born. He next submits that no notice was served upon the informant-wife, who is opposite party in the divorce case filed by the petitioner before lodging of the First Information Report. He further submits that the matter was referred to mediation by this Court vide its order, dated 16.04.2025, but the mediation failed on the ground that opposite party no. 2 went to live with her husbandpetitioner, but he refused to keep his wife-informant with him.

7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that before lodging of the First Information Report, divorce case has been lodged by the petitioner before Family Court, Bhagalpur, I am inclined to grant the petitioner privilege of anticipatory bail.

8. This application is, accordingly, allowed.

9. Let the petitioner, above named, in the event of his arrest

4/4 or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj Police Station Case No. 654 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) ashwani/- U T