← Library
Patna High CourtCR. MISC./46475/2025bail granted

Rakesh Sah @ Laddu Sah @ Rakesh Kumar v. The State Of Bihar

2026-02-11Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46475 of 2025 Arising Out of PS. Case No.-42 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Rakesh Sah @ Laddu Sah @ Rakesh Kumar S/o- Chhabila Sah VillageTurkauliya W.No- 7, P.S-Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sapna Kumari W/o- Rakesh Kumar Village- Chhota Bariyarpur PsChhatauni Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Turkaudiya P.S. Case No. 42 of 2025, registered for the offences punishable under Sections 341, 323, 313, 498A/34 of the Indian Penal Code read with Sections 3⁄4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute.

4. Vide order dated 26.11.2025, the matter was referred to the Mediation Center. The report of the learned Mediator shows that the matter could not be resolved between the parties and therefore, the mediation failed.

5. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is ready to pay the interim maintenance to the complainant but on query of

Patna High Court CR. MISC. No.46475 of 2025(4) dt.11-02-2026 2/2 this Court, he expressed his inability to pay more than Rs. 3,000/- per month to the complainant as he is a labourer.

6. On the other hand, the learned counsel for O.P. No. 2 has opposed the prayer for bail.

7. 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 CJM, Motihari, East Champaran in connection with Turkaudiya P.S. Case No. 42 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C.

8. 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