Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44881 of 2025 Arising Out of PS. Case No.-1493 Year-2023 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Mahendra Kumar S/o Late Yugeshwar Pandit R/o village - Shahpur, P.S.- Kanti, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guddi Kumari W/o Mahendra Rai R/o Vill- Shahpur, P.S.- Kanti, DisttMuzaffarpur, at present D/o Vindeshwari Pandit, R/o Vill- Ramnagar, P.S.- Gayghat, Distt- Muzaffarpur .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-12-2025 Despite the valid service of notice, the opposite party no. 2 did not choose to appear whereas learned counsel for the petitioner as well as learned APP for the State are in appearance.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1493 of 2023, registered for the offences punishable under Sections 498A of the IPC.

3. It is a case of matrimonial dispute. The complainant is wife of the petitioner. She alleges atrocities by her husband and his family members for non-fulfillment of demand of dowry and ultimately she was ousted from her matrimonial house.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has further submitted that the marriage of the petitioner was solemnized in the year 2020 and the present complaint has been filed after three years, i.e., after the birth of two children from

Patna High Court CR. MISC. No.44881 of 2025(4) dt.10-12-2025 2/2 the wedlock with the complainant. He has further submitted that the petitioner is ready to pay Rs. 3,000/- per month as interim maintenance to opposite party no. 2.

5. 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 ACJM-Ist, Muzaffarpur (West) in connection with Complaint Case No. 1493 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

6. The petitioner is directed to pay Rs. 3,000/- per month as interim maintenance to opposite party no. 2 (the complainant). The interim maintenance will be subject to any other order granted by any other Court of competent jurisdiction granting maintenance to Opposite Party No. 2 (the complainant).

(Nawneet Kumar Pandey, J) Nirmal/- U T