Abhinandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33188 of 2025 Arising Out of PS. Case No.-915 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Abhinandan Kumar S/o Umesh Yadav R/o village/Mohalla:- Ganesh Sthan, Ward No. 14, P.S. and Distt.- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Kumari D/o Shayamal Kishore Yadav R/o vill - Maheshpur, ward no. 5, P.S.- Saur Bazar, Dist.- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner, learned counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 915C/2023, registered for the offences punishable under Sections 341, 504, 506/34,494, 312, 313, 311 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. However, cognizance of the offences under Sections 498(A), 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act has been taken against the petitioner.
3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the
2/4 petitioner in December, 2020 and at the time of marriage the father of the complainant gave rupees and articles as per status. When the complainant was carrying a pregnancy of three months, she was insisted by her husband and in-laws to undergo Ultra Sound test to determine the sex of the baby in the womb. On refusal by the complainant, the husband and in-laws assaulted her and demanded one lakh rupees. A panchayati took place in which the complainant was told by the Panches to go to her Maike. Her in-laws and sister-in-law after snatching her ornaments and other articles assaulted her thereafter ousted her from the house. It has further been stated that the husband of the complainant has got married with a lady of Madhepura.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite
3/4 Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saharsa in connection with Complaint Case No. 915C/2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account
4/4 of Opposite Party No. 2, starting from 10th December, 2025. (Anil Kumar Sinha, J) P.K.P./- U