Patna High CourtCR. MISC./40125/2025bail granted

Suraj Giri v. The State Of Bihar

2025-11-27Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40125 of 2025 Arising Out of PS. Case No.-1589 Year-2023 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Suraj Giri S/o Mathura Giri R/o Village- Mainatand, Hazam Tola, P.O. and P.S.- Mainatand, Dist.- West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Radhika Kumar @ Radhika Devi W/o Suraj Giri D/o Mahesh Awghan, R/o Village- Mainatand Hazam Tola, P.O. and P).S.- Mainatand, Dist.- West Champaran, at present R/o Mohalla- Balua, Ward No. 5, Nautan Dubey, P.S.- Nautan, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP For the O.P. No. 2 :

Mr. Sharda Nand Rai, Adv.

Mr. Avinash Raj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-11-2025 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 Complaint Case No. 1589-C/2023 registered for the offence punishable under Section 498(A)/34 of the Indian Penal Code and Section 4 of D.P. Act.

3. It is a case of matrimonial dispute.

4. Vide order dated 03.09.2025, 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

Patna High Court CR. MISC. No.40125 of 2025(4) dt.27-11-2025 2/3 mediation failed.

5. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has submitted further that the petitioner is ready to pay Rs. 3,000/- 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. 3,000/- 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 Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1589-C/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. 3,000/- per month as interim maintenance to opposite party no. 2 (the

Patna High Court CR. MISC. No.40125 of 2025(4) dt.27-11-2025 3/3 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