Abhay Kumar Abhay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61535 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Abhay Kumar Abhay Son of Sanjay singh Resident of Village -Kochgaon, P.S.-Warsaliganj, Distt.- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Reshmi Kumari Wife of Abhay Kumar Abhay Resident of Village -Kochgaon, P.S.-Warsaliganj, Distt.- Nawada at present R/O- Shamri Bigha, P.S.-Warsaliganj, Distt.- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek, Adv For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner, and the State.

2. Petitioner is apprehending his arrest in a case registered for the offences punishable under sections 498A, 323 of the Indian Penal Code.

3. The case was also called yesterday but no one appeared on behalf of the opposite party no. 2 even today, no one appears on behalf of opposite party no. 2.

4. The matter had been earlier sent to the Mediation Center for resolution of dispute between the parties but the same has failed.

5. The prosecution case is based upon a complaint

Patna High Court CR. MISC. No.61535 of 2024(6) dt.06-05-2025 2/3 filed by opposite party no.2 in which she has made an allegation of demand of dowry and torture.

6. Learned counsel for the petitioner submits that the allegation made in the complaint is not correct and as a matter of fact, the petitioner has always been ready to keep the complainant along with him with due dignity and honour but it is the complainant, who does not want to stay in the matrimonial house of the petitioner along with their parents and the petitioner is not in a position to keep her along with him at his place of study and this fact has been stated in paragraph 8 and 13 of the petition.

7. The learned APP for the State opposes the prayer for anticipatory bail.

8. Taking into consideration that the petitioner has always been ready to keep the complainant with due dignity and honour in the matrimonial house, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in connection with

Patna High Court CR. MISC. No.61535 of 2024(6) dt.06-05-2025 3/3 Complaint Case No. 315 of 2023, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

(Soni Shrivastava, J) N.K/- U T