Akshay Pandit @ Akchhay Pandit @ Achhad Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25966 of 2025 Arising Out of PS. Case No.-55 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Akshay Pandit @ Akchhay Pandit @ Achhad Pandit S/O Chandra Shekhar Pandit @ Chaneshwar Pandit, R/O Village- Mani Rai Ka Tola, P.S- Ara Muffasil, Distt.- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savita Kumari D/O Sri Kishun Pandit R/O Village- Piyania, P.S- Udwant Nagar, Distt- Bhojpur.

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate Mr. Anil Kumar Singh, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Mahila (Bhojpur) P.S. Case No. 55 of 2023 dated 16.09.2023, registered for the offences punishable under Sections 341, 323, 504, 498(A), 354 and 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. As per allegation, there is additional demand of dowry and on account of non-fulfillment of the same, the informant is subjected to cruelty by the petitioner-husband and his family members and ultimately she has been ousted from her matrimonial home.

Patna High Court CR. MISC. No.25966 of 2025(2) dt.07-05-2025 2/3

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, informant is not interested in the marriage and hence, she has left the matrimonial home. He further submits that the maximum punishment prescribed for the alleged offence is three years.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court below, in connection with Mahila (Bhojpur) P.S. Case No. 55 of 2023, subject to the conditions as

Patna High Court CR. MISC. No.25966 of 2025(2) dt.07-05-2025 3/3 laid down under Section 482(2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T