Shailendra Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52048 of 2025 Arising Out of PS. Case No.-80 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Shailendra Mohan son of Rajendra Bhagat Village -Chakwa (Chakwa) Ward No 11 PS- Khodawandpur (Khodabandpur), District -Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rashmi Kumari wife of Shailendra Mohan Village -Chakwa (Chakwa) Ward No 11 PS- Khodawandpur (Khodabandpur), District -Begusarai At Present Daughter of Hira Lal Kundan Village- Patam, Ward no. 10, Ps- Naya Ramnagar, dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sandip Kumar Gautam, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP For the Complainant :

Mr. Raj Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the complainant /Opposite Party No. 2.

2. The petitioner, husband of the complainant /Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 341, 323, 120B, 420, 498A, 504, 506, 311, 376, 312 and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 3.

As per prosecution case, marriage of

Patna High Court CR. MISC. No.52048 of 2025(3) dt.16-01-2026 2/3 complainant/Opposite Party No. 2 was solemnized with this petitioner and thereafter, all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, the complainant/Opposite Party No. 2 was subjected to cruelty and harassment.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the complaint petition. Petitioner never committed torture to complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 5,000/- (five thousand rupees) per month by way of temporary relief/solace, starting from this month, to the complainant/Opposite Party No. 2.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 5,000/- (five thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let

Patna High Court CR. MISC. No.52048 of 2025(3) dt.16-01-2026 3/3 the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Manjhaul, Begusarai in connection with Complaint Case No. 80C of 2023, subject to condition as laid down under Section 482(2) of B.N.S.S. with further following conditions:

"(A.) The Complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid amount per month in the saving bank account of the Complainant/Opposite Party No. 2 .

(C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T