Tuntun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23238 of 2025 Arising Out of PS. Case No.-133 Year-2023 Thana- COMPLAINT CASE District- Sheohar ====================================================== Tuntun Sah S/O Hanuman Sah Resident of Village- Garahiya, P.S.- SHEOHAR, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Devi W/O Tuntun Sah, D/O Bigan Sah Resident of VillageGarahiya, P.S.-SHEOHAR, District- Sheohar. At Present R/O Vill.- Panapur, P.S.- Kanti, Dist.- Sheohar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv For the Opposite Party/s :

Mr. Indu Kumari Srivastava, 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 and the learned counsel for O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 133 of 2023, registered for the offences punishable under Sections 323, 498A and 34 of the Indian Penal Code and Sections 4 of the D.P. Act.

3. It is a case of matrimonial dispute.

4. Vide order dated 24.09.2025, the matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator shows that the matter could not be resolved between the parties and therefore, the mediation failed.

Patna High Court CR. MISC. No.23238 of 2025(4) dt.23-12-2025 2/3

5. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean criminal antecedent. He has further submitted that the petitioner is ready to pay Rs. 5,000/- per month as interim maintenance to opposite party no. 2.

6. On the other hand, the learned APP for the State has opposed the prayer for bail.

7. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 5,000/- per month as interim maintenance to opposite party no. 2, 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 C.J.M., Sheohar, in connection with Complaint Case No. 133 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

8. The petitioner is directed to pay Rs. 5,000/- per month as interim maintenance to opposite party no. 2 (the complainant). 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

Patna High Court CR. MISC. No.23238 of 2025(4) dt.23-12-2025 3/3 (the complainant).

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