Anand Mukhiya @ Anand Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59799 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Anand Mukhiya @ Anand Sahani Son of Late Sone Lal Mukhiya @ Late sohan Lal Sahani Resident of Village - Dhakjari, P.S. - Arer, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubi Kumari Wife of Anand Mukhiya D/o of Fakir Mukhiya R/o village - Bankatta, P.S. - Benipatti, Dist. - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

2. The petitioner, husband of the opposite party no. 2. apprehends his arrest in a case registered for the offence under Sections 498-A, 341, 323, 380, 494, 504, 34of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Allegation against petitioner is of matrimonial cruelty and demand for dowry.

4. While denying the allegations made in the present petition, learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.59799 of 2025(4) dt.25-11-2025 2/2 petitioner has been falsely implicated in this case merely because he happens to be husband of opposite party no. 2. At no point of time, petitioner demanded any dowry or committed torture with opposite party no. 2 and is still ready to keep the opposite party no. 2 with full honour and dignity. Moreover, the case is triable by the learned Magistrate. The petitioner has further relied upon 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.

5. Considering the aforesaid facts and circumstances, in the event of arrest or surrender within a period of eight weeks from today, let this petitioner, as named above, 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 the learned Sub-Divisional Judicial Magistrate, Benipatti, Madhubani in connection with C.R. Case No. 105 of 2024, subject to the conditions, as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) vinita/- U T