Ashutosh Kumar @ Ashutosh Kumar Keshri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47931 of 2025 Arising Out of PS. Case No.-552 Year-2024 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Ashutosh Kumar @ Ashutosh Kumar Keshri, S/o Sri Ram Ji Prasad Keshri, R/o Village- Indarpur, P.O.- Thamanpura, P.S.- Phephna, Distt- Ballia, (U.P.) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Devi, W/o Ashutosh Kumar @ Ashutosh Kumar Keshri, D/o Lalan Prasad Keshri, R/o Vill- Indarpur, P.O.- Thamanpura, P.S.- Phephna, DisttBallia (UP), Present Address- Vill- Narainiya, P.S.- Mirganj, DisttGopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Shukla, Advocate.
For the State :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Trial No. 2292 of 2025 arising out of Complaint Case No. 552 of 2024 dated 20.03.2024 filed for the offences punishable under Sections 498-A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
3. As per allegation, subsequent to the marriage, additional demand of dowry of Rs.5,00,000/- started and on account of non-fulfillment of the same, the Complainant/wife has been subjected to cruelty and ultimately ousted from the
Patna High Court CR. MISC. No.47931 of 2025(2) dt.30-07-2025 2/3 matrimonial home.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that on account of normal wear and tear of married life, marriage is not working and hence, this false case has been filed. He also submits that maximum punishment prescribed for the alleged offence is three years.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Trial No.
Patna High Court CR. MISC. No.47931 of 2025(2) dt.30-07-2025 3/3 2292 of 2025 arising out of Complaint Case No. 552 of 2024 subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T