Laxmeshwar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46444 of 2025 Arising Out of PS. Case No.-917 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Laxmeshwar Mukhiya S/o Jagat Mukhiya R/o Village- Simrahi, P.S.- Basopatti, Distrtict- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashikant For the Opposite Party/s :
Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 917 of 2023, registered for the offences punishable under Sections 323/341/379/498A/494/504/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
3. The allegation, as per the complaint case, is that the marriage of the complainant was solemnized with the petitioner on 05.05.2022 and at the time of marriage the parents of the complainant spent Rs. 5 Lakh and gave
2/4 gifts worth Rs. 2 Lakh. After some time, the petitioner, along with his other family members, started demanding Rs. 2 Lakh as dowry. Due to non-fulfillment of the demand, the complainant was tortured mentally and physically and was ousted from her matrimonial home, while she was 08 months pregnant. The complainant went to her parents' home, who tried to pacify the matter, but failed. It has further been alleged that the petitioner later solemnized another marriage in Nepal.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 4,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed
3/4 to deposit the said amount of Rs. 4,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Complaint Case No. 917 of 2023
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank account of Opposite Party No. 2, staring from 10th August,
4/4 2025.
(Anil Kumar Sinha, J) ashwani/- U T