Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35122 of 2025 Arising Out of PS. Case No.-90 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Nitish Kumar Son of vinod Mahto village- Bilauri, Ps- Lakhisarai, DistLakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Janak Kumari Daughter of Bido Mahto village- Bilauri, Ps- Lakhisarai, DistLakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar For the State :

Ms. Sharda Kumari For the Informant :

Mr. Birendra Kr. Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel for O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 90 of 2023, registered for the offences punishable under Sections 341, 323, 498(A), 34 of the IPC and Section 3/4 of the D.P. Act.

3. It is a case of matrimonial dispute.

4. Vide order dated 20.08.2025, 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

Patna High Court CR. MISC. No.35122 of 2025(4) dt.17-11-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the petitioner is ready to pay Rs. 4,000/- per month as interim maintenance to opposite party no. 2.

6. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 4,000/- 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 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 S.D.J.M., Lakhisarai in connection with Mahila P.S. Case No. 90 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

7. The petitioner is directed to pay Rs. 4,000/- 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) priyanka/- U T