Patna High CourtCR. MISC./76410/2024bail granted

Chintu Kumar v. The State Of Bihar

2025-08-13Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76410 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Chintu Kumar Son of Phagu Yadav Resident of Village- Gorhana, P.S.- Udwantnagar, Distt.- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Mamta Devi D/O- Dasrath Yadav, Wife of Chintu Kumar Resident of Village- Kulhariya, P.S.- Koilwar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Malti Kumari, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP For the O.P. No.2 :

Mr. Aashi Wats, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-08-2025

1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case no.260C of 2023 registered under section 498A of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. The case is one under Section 498A and petitioner is the husband. The allegation against the petitioner is of demand of dowry and torture.

4. Learned counsel for the petitioner submits that earlier the matter had been sent to the Patna High Court Mediation Centre vide order dated 12.025.2025 but the

Patna High Court CR. MISC. No.76410 of 2024(4) dt.13-08-2025 2/3 mediation process has failed. Learned counsel for the petitioner further submits that the allegation of demand of dowry and torture is false and concocted. The petitioner is always ready to keep his wife with full dignity and honour but it is the opposite party no.2 who never wants to live with the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no. 2.

6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 2,500/- to his wife in the second week of every month for her basic requirements. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no.260C of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.76410 of 2024(4) dt.13-08-2025 3/3 sureties of the like amount each to the satisfaction of the learned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 2,500/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) Harsh/- U T