Patna High CourtCR. MISC./56082/2025bail granted

Randhir Kumar v. The State Of Bihar

2025-11-04Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56082 of 2025 Arising Out of PS. Case No.-5295 Year-2024 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Randhir Kumar S/o Radhika Rai @ Radhika Raman Singh, R/o Mohalla - N.C Ghosh Lane, Behind Poddar Bhawan, P.S.- Gardanibagh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

Nikki Kumari D/o Umesh Prasad R/o Mohalla - Yarpur Gogiya Tola, P.S - Gadanibagh, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the OP. No. 2 :

Mr. Satyendra Kr. Ojha, Advocate Mr. Kumar Shubham, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant/complainant and the learned A.P.P. for the State.

2. Vide order dated 30.08.2025 the matter was referred to the Patna High Court Mediation Centre for amicable settlement of the dispute between the parties. However, the report of the Mediation dated 08.10.2025 reveals that the mediation has failed and the dispute between the parties could not be resolved through the process of mediation.

3. The petitioner is apprehending his arrest in a case in connection with Complainant Case No. 5295(c) of 2024,

2/4 registered for the offences punishable under Sections 323, 341, 379, 498A, 504, 506 and 120B of the of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act. However, the cognizance has been taken under Sections 323, 341, 379, 498A and 506 of the IPC and under Section 4 of Dowry Prohibition Act.

4. As per the prosecution case, the complainant was subjected to torture and abuse by her in-laws including the petitioner due to non-fulfillment of demand of Rs. 15 lakh as dowry and later she was also ousted from her matrimonial house.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner neither demanded any dowry nor tortured the complainant. The allegation levelled in the complaint petition is false and fabricated and the petitioner has not committed any such offence as alleged in the complaint petition. Learned counsel has further submitted that the complainant has filed Maintenance Case No. 134 of 2024, dated 26.04.2024 against the petitioner. It is further submitted that the petitioner is the husband of the complainant and he has no concern with the alleged offence. The petitioner has relied upon

3/4 the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498 A of the the Indian Penal Code is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Another passed in Criminal Appeal No (s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023. The petitioner has got no criminal antecedent as stated at para 3 of the bail petition.

6. Learned counsel for the informant/complainant as well as learned APP for the State has vehemently opposed the prayer for anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances as well as the nature of allegation against the petitioner, let the petitioner named-above, in the event of his arrest / surrender before the learned Court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of

4/4 learned Sub-Divisional Judicial Magistrate, Patna, in connection with Complainant Case No. 5295(c) of 2024, subject to conditions as laid down under Section 482(2) of the BNSS.

8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

9. This application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T