Patna High CourtCR. MISC./76658/2024bail granted

Ambika Prasad v. The State Of Bihar

2025-08-13Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76658 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Ambika Prasad S/O Mahadev Bind Resident of Village - Narkatiya, P.S. - Nautan, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar 2.

Purnima Kumari Wife of Ambika Prasad, D/o Ugrim Prasad At Present R/o Village - Sirsawn, P.S. - Daraunda, District - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the State :

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

Mr. Nawal Kishore Singh, 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 Nautan P.S. Case no.33 of 2023 registered under sections 498A, 323, 341 and 34 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 18.11.2024 but the mediation

Patna High Court CR. MISC. No.76658 of 2024(5) dt.13-08-2025 2/3 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 co-operate 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. 4,000/- 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 Nautan P.S. Case no.33 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.76658 of 2024(5) 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. 4,000/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) Harsh/- U T