Patna High CourtCR. MISC./41302/2026bail granted

Dhiraj Singh v. The State Of Bihar

2026-07-01Mr. Justice Jitendra Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 41302 of 2026 Arising Out of PS. Case No.-216 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Dhiraj Singh Son of Ramjee Singh Resident of Village- Kuliyava, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner

Versus

The State of Bihar 2.

Anju Singh, D/o Late Chandeshwar Singh, Resident of Village- Kuliyava, P.S.- Hulasganj, District- Jehanabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pritish Kumar Lal, Advocate For the State :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Hulasganj P.S. Case No.216 of 2023, dated15.11.2023, registered for the offences punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code.

3. As per allegation, the Petitioner and other coaccused have abused and assaulted the Informant. It is also alleged that her husband, who is the Petitioner herein has illicit relationship with a co-villager, Pushpa Devi and he tortures the Informant. Moreover, the Informant has four children out of the

2/4 wedlock with the accused/Petitioner and the Petitioner/husband is not giving any money to her for her personal expenditure.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, matrimonial discord has developed between the Petitioner/husband and the Informant/wife on account of her suspicion that he has illicit relationship with a co-villager, and hence, this false case has been filed to harass the Petitioner and his family members. He further submits that the Informant still lives in her matrimonial home.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. From perusal of the material on record and submissions of learned counsel for the Petitioner, it appears that there is matrimonial discord between the parties on account of the Informant having suspicion that her husband/petitioner is

3/4 having illicit relationship, the litigation has emerged. The Informant is not being properly maintained, hence, she is aggrieved.

9. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Hulasganj P.S. Case No.216 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,

4/4 learned court below shall cancel the bail bonds of the petitioner.

10. In case the Informant has any grievance regarding any maintenance, she has remedy by moving appropriate application before the Family Court for maintenance or any other relief.

(Jitendra Kumar, J.) Chandan/- U T