Madhusudhan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42386 of 2025 Arising Out of PS. Case No.-72 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Madhusudhan Pathak S/O Nagendra Pathak@ Nagendra Nath Pathak Resident Of- Niyazipur, Brahmchari Ji Ka Dera, Ps-Simri, Distt-Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shonal Devi W/O Madhusudan Pathak, D/O Narvadeshwar Choubey R/O Village-Rasen, Ps-Rajpur, Distt-Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of OP No. 2 despite notice being validly served.

2. The petitioner seeks bail in connection with Complaint Case No. 72(c) of 2022 instituted for the offences under Sections 498A, 323 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act.

3. Prosecution case, in short, is that the petitioner and his family members tortured complainant physically and mentally for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.42386 of 2025(5) dt.07-10-2025 2/3 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that petitioner is the husband of the complainant and he is ready to keep the complainant with him with full honour and dignity. Learned counsel further submitted that petitioner has also filed Matrimonial Case No. 39 of 2022 for restitution of conjugal rights before the family court. Learned counsel further submitted that earlier, the petitioner was granted anticipatory bail by the learned Sessions Judge with condition to pay Rs. 9,000/- per month to the complainant as maintenance but the petitioner being an unemployed person was not able to pay the said maintenance amount. Learned counsel further submitted that the allegation of demand of dowry and torture is false and baseless. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.05.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.42386 of 2025(5) dt.07-10-2025 3/3 bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Complaint Case No. 72(c) of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T