Mushkan Mohit @ Muskan Mohit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33087 of 2025 Arising Out of PS. Case No.-1084 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== Mushkan Mohit @ Muskan Mohit S/o- Bharat Kumar Singh @ Bharat Kumar Bharti Village- Barhara, Police Station- Belhar, District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Priti Kumari W/o- Mushkan Mohit, D/o- Purushottam Pd. Singh VillageGadhi, Police Station- Belhar, District-Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 1084 of 2022 registered for the offence under Sections 498A, 323, 324, 379, 312 of the Indian Penal Code and under Section 3⁄4 of the Dowry Prohibition Act.

3. As per the prosecution case, the petitioner is accused of torturing his wife.

4. The petitioner is in custody since 18.02.2025.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he should not have been arrested in view of the Judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

6. Learned counsel for the informant has vehemently opposed the application of the petitioner for grant of

Patna High Court CR. MISC. No.33087 of 2025(4) dt.08-10-2025 2/2 bail.

7. Considering the period of custody of the petitioner, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Banka/concerned court below in connection with Complaint Case No. 1084 of 2022.

9. The Principal Judge, Family Court, Banka is directed to conclude the Maintenance Case bearing Registration No. 28 of 2023 within three months from the date of communication of this order. The Principal Judge, Family Court, Banka is directed to proceed ex-parte against the noncooperating party.

10. Let a copy of this order be communicated to the Principal District and Sessions Judge, Banka through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U