Patna High CourtCR. MISC./43202/2024bail granted

Dinesh Kumar v. The State Of Bihar

2025-07-15Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43202 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dinesh Kumar S/O late Ramchandra Prasad R/O Village-Bazar Samiti,Kela Mandi,Shiv Shakti Nagar,P.S.-Bahadarpur,Distt-Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Nutan Kumari D/O Shiv Shankar Ram, W/O Dinesh Kumar R/O VillageBazar Samiti,Kela Mandi,Shiv Shakti Nagar,P.S.-Bahadarpur,Distt-Patna Presently residing at Tole Babu MOhan Singh,Athmalgola,P.S.- Athmalgola,Distt-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP For the O.P. No.2 :

None ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-07-2025

1. Heard learned counsel for the petitioner, learned APP for the State. No one appears on behalf of opposite party no.2 despite vakalatnama filed on her behalf.

2. The petitioner apprehends his arrest in connection with Patna Complaint Case no.241C of 2023 registered under sections 498A and 323 of the Indian Penal Code.

3. The case is one under Section 498A and petitioner is the husband. The allegation against him is of demand of dowry and torture.

4. The matter had earlier been sent to the Patna High Court Mediation Centre vide order dated 16.06.2025 for amicable settlement between the parties but the process of mediation has failed.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43202 of 2024(8) dt.15-07-2025 2/3 petitioner has been falsely implicated in the case. The allegation of demand of dowry and torture is false and concocted. The petitioner is always ready to keep his wife with full dignity and honour. The petitioner has also filed a matrimonial case for restitution of the conjugal life vide Matirmonal Case No. 952 of 2022 on 12.07.2022 before the Principal Judge, Family Court, Patna under Section 9 of the Hindu Marriage Act (AnnexureP/2) and it is only after the said case, that the aforementioned case was filed by the opposite party no.2. It has further been submitted that opposite party no.2 has rather deserted the petitioner and left her matrimonial home on 26.05.2022. The petitioner has no criminal antecedent and undertakes to cooperate in case/trial.

6. The application for anticipatory bail is opposed by learned A.P.P. for the State.

7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Patna Complaint Case no.241C of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.43202 of 2024(8) dt.15-07-2025 3/3 learned A.C.J.M-1st, Barh, Patna, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T