Shiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57397 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Shiv Kumar S/o- Siyasharan Prasad Resident Of Village- Garai Bigha, PsHilsa, Dist-Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Suresh Prasad S/o- Ramlagan Prasad Village- Mirjapur Ps- Ghosi (Okari OP) Dist- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Neeraj For the Opposite Party/state:
Mrs.Renu Kumari For the informant-OP 2 :
Mr. Onkar Nath Mr. Mukesh Kumar Pandey Mr. Ram Naresh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Ghosi (Okari) P.S. Case No. 238 of 2024 dated 12.05.2024 registered under Section 323 / 341 / 504 / 498(A) / 494 of the I.P.C. and Section 3⁄4 of the D.P. Act.
3. The prosecution story in short is that the petitioner allured the younger daughter of the informant and trapped her in his love and after knowing this fact the family members from both sides solemnized their marriage on 15.01.2023. It is alleged that after marriage the accused persons including the petitioner started demanding Rs. 10 lakh and a motorcycle in dowry from
Patna High Court CR. MISC. No.57397 of 2025(5) dt.07-05-2026 2/3 the informant and due to non-fulfillment of the demand, they subjected his daughter to cruelty. The accused persons also tried to eliminate the daughter of the informant by making her eat sulphas tablet but somehow she was saved.
4. Learned counsel for the petitioner submits that on 01.07.2023 the father of the petitioner submitted a written application before the SHO Hilsa, Nalanda regarding missing of his son. It is further submitted that the petitioner filed a complaint petition before the A.C.J.M., Hilsa, Nalanda vide Complaint Case No. 419(C) of 2023 dated 01.07.2023 in which cognizance has been taken on 13.02.2024 under Section 341 / 323 / 324 / 504 / 506 / 34 of the I.P.C. alleging that the accused persons on the point of pistol forcibly pressurized him to put vermilion on the head of the girl. It is further submitted that marriage was not solemnized at all and the instant F.I.R. has been lodged by the informant only with a view to save his skin from Complaint Case No. 419(C) of 2023. The allegation against the petitioner is general and omnibus in nature.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that the petitioner being the husband cannot shirk away from his responsibility of maintaining his wife.
Patna High Court CR. MISC. No.57397 of 2025(5) dt.07-05-2026 3/3
6. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the facts and circumstances of the case in totality and the fact that only general and omnibus allegation has been made against the petitioner, accordingly, I am inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Ghosi (Okari O.P.) P.S. Case No. 238 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. (Anil Kumar Sinha, J) praful/- U T