Gulibhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33096 of 2025 Arising Out of PS. Case No.-332 Year-2023 Thana- KONCH District- Gaya ====================================================== Gulibhar Kumar S/o Brijkshor Prasad R/o Village- Gajuipur, P.O.- Adai, P.S.- Konch, District- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mamta Kumari W/o Gulibhar Kumari, R/o Vill- Gajpur, P.S.- Konch, DisttGaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-11-2025 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 Konch P.S. Case No. 332 of 2023, registered for the offence punishable under Sections 341, 323, 325, 498(A), 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
3. As per prosecution case, the marriage of the informant with the petitioner took place 12 years ago. After marriage, the accused persons including the petitioner started torturing her and also started to assault her for demand of dowry. It is also alleged that the accused persons assaulted the
Patna High Court CR. MISC. No.33096 of 2025(4) dt.04-11-2025 2/3 informant by means of Khanti, lathi and danda.
4. Vide order dated 13.08.2025, 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.
5. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The petitioner has never tortured or assaulted the informant. The informant is a lady of short temper and that is why, she used to create nuisance and often used to leave the matrimonial home without information to the petitioner. He has submitted further 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 counsel for O.P. No. 2 has opposed the prayer for grant of anticipatory bail to the petitioner.
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
Patna High Court CR. MISC. No.33096 of 2025(4) dt.04-11-2025 3/3 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 Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 332 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of BNSS, 2023.
8. The petitioner is directed to pay Rs. 5,000/- per month as interim maintenance to opposite party no. 2 (the informant). The interim maintenance granted by this Court shall be subject to adjustment, if any other court grants maintenance to the opposite party no. 2.
(Nawneet Kumar Pandey, J) A.K.V.//- U T