Akhil Kumar Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24456 of 2025 Arising Out of PS. Case No.-115 Year-2020 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Akhil Kumar Guddu S/O Anil Lal Das @ Amin Das Resident Of VillageBaur, P.O- Rasiyari, Faizullahpur, P.S- Ghanshyampur, Distt.- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purnendu Keshav, Adv For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Ghanshyampur P.S. Case No. 115 of 2020, registered for the offence punishable under Sections 498A/384/34 of I.P.C.
3. The case of the prosecution, in short, is that marriage of the informant was solemnized with the accusedpetitioner Akhil Kumar Guddu on 26.08.2002 and she has two children on the said wedlock. It is further alleged that after marriage, the petitioner made illicit relationship with one Khusboo Kumari, who was maid's daughter kept for domestic work. When the informant learnt about this, she raised objection and then the accused-petitioner along with mother of Khusboo Kumari namely Shanti Devi and Mohan Sonar abused, assaulted
Patna High Court CR. MISC. No.24456 of 2025(2) dt.06-05-2025 2/3 and tortured her. It is further alleged that the informant when tried to remove Khusboo Kumari from her house then the accused persons Mohan Sonar, Shanti Devi and Khusboo Kumari demanded ransom of Rs. 2,00,000/-. It is further alleged that under the influence of the accused persons Mohan Sonar, Shanti Devi and Khusboo Kumari, the informant's husband tortured informant in various ways.
4. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in the present case due to misunderstanding on part of the informant. The petitioner denies having committed any offence as alleged in the FIR. The petitioner submits that the entire case is false and concocted. The petitioner further submits that there is no specific allegation against him for having assaulted the informant and also there is no specific allegation of demanding ransom of Rs. 2,00,000/- against him. In fact, the allegations are against other co-accused persons namely, Mohan Sonar, Shanti Devi and Khusboo Kumari. The petitioner also submits that the petitioner has clean antecedent and therefore, he deserves to be granted privilege of anticipatory bail.
5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.
Patna High Court CR. MISC. No.24456 of 2025(2) dt.06-05-2025 3/3
6. The marriage took place on 26.08.2002 and the informant has two children with the petitioner from the said wedlock. After nearly eighteen years, allegation of dowry is being alleged against the petitioner, which prima-facie does not inspire confidence. It is also not alleged in the FIR that the petitioner directly assaulted the informant and that the entire thrust of the FIR is against Mohan Sonar, Shanti Devi and Khusboo Kumari. In view of these circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., II, Darbhanga in connection with Ghanshyampur P.S. Case No. 115 of 2020, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Alok Kumar Sinha, J) kiran/- U T