Bimlesh Kumar @ Bimlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73990 of 2025 Arising Out of PS. Case No.-1161 Year-2024 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Bimlesh Kumar @ Bimlesh Yadav S/o Sikendra Yadav, Resident of - Kahra, Ward No. 24/42, P.S - Saharsa, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priti Kumari W/o Bimlesh Kumar @ Bimlesh Yadav D/o Dilip Yadav, R/o - Batraha Ward No. 25/36, P.S - Saharsa, District - Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, 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. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 1161 of 2024, registered for the offences punishable under Section 85 of the BNS and under Sections 3 and 4 of Dowry Prohibition Act.

3. As per the prosecution case, the complainant was subjected to torture and abuse by her in-laws due to nonfulfillment of demand of Scorpio, cows and buffaloes as dowry.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73990 of 2025(2) dt.04-11-2025 2/3 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. 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 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 one criminal antecedent in which he is on bail as stated at para 3 of the bail petition.

5. 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.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.73990 of 2025(2) dt.04-11-2025 3/3 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 learned Sub-Divisional Judicial Magistrate, Saharsa / Concerned Court, in connection with Complaint Case No. 1161 of 2024, subject to conditions as laid down under Section 482(2) of the BNSS, on further condition: (i) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. 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.

8. This application stands allowed.

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