Ashish Kumar Sarraf @ Ashish Saraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44170 of 2025 Arising Out of PS. Case No.-1742 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Ashish Kumar Sarraf @ Ashish Saraf S/o- Paras Nath Sharraf Resident of Village- Bekapur Jubli Well, P.S.- Kotwali District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harshika Soni D/o- Deepak Soni R/o Mohalla- Mungeriganj Sabji Market District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Kumar, Advocate Mr. Ravi Ranjan Kumar, Advocate Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no.1742(C) of 2023, registered under section 498A, 406 and 34 of the Indian Penal Code.

3. As per the prosecution case, the allegations against the petitioner, who happens to be the husband of the complainant, is of cruelty and torture etc.

4. Learned counsel for the petitioner submits that cognizance in the instant case was taken only under section 498A of the Indian Penal Code. Referring to the petition of

Patna High Court CR. MISC. No.44170 of 2025(2) dt.18-07-2025 2/3 complaint it is submitted that even on an earlier occasion, a complaint case was filed by the complainant, however the same ended in a settlement between the parties. It is further submitted that subsequently Matrimonial Case no.121 of 2020 was filed by the petitioner wherein an ex parte decree of divorce was passed in the petitioner's favour. Subsequently, the complainant filed Miscellaneous Case no.34 of 2021 for restoration of the said matrimonial case, however the said miscellaneous case was dismissed vide order dated 3.8.2022 (Annexure-P/5). Learned counsel submits that the allegations against the petitioner are false and concocted. He undertakes to cooperate in the learned Court below.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the complaint, the contents of the petition including the decree of divorce (Annexure-P/4/1) and the order dismissing the miscellaneous case (Annexure-P/5), 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 Complaint

Patna High Court CR. MISC. No.44170 of 2025(2) dt.18-07-2025 3/3 Case no.1742(C) 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 learned Sub Divisional Judicial Magistrate, Begusarai.

(Partha Sarthy, J) avinash/- U T