Patna High CourtCR. MISC./80011/2024bail granted

Rishikant Prasad @ Rishikant Kumar v. The State Of Bihar

2025-07-16Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80011 of 2024 Arising Out of PS. Case No.-7588 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rishikant Prasad @ Rishikant Kumar Son of Sri Kameshwar Prasad Resident of Village- Madhopur PS- Maner, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar 2.

Punam Kumari D/O Shiv Shankar Prasad, W/O Rishikant Prasad @ Rishikant Kumar R/O Mohalla- Gautam Nagar, Janta Road, P.S.- Gardanibagh, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sn Singh, Adv.

For O.P. No. 2 Ms. Pooja Prasad, Adv.

For the State :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-07-2025 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 a case registered for the offence punishable under Sections 498A, 379, 384, 308/34 of the Indian Penal Code.

3. By an earlier order, the matter had been sent to the Patna High Court Mediation and Conciliation Centre for resolution of disputes between the parties but the same has also failed.

4. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation of demand of dowry and torture. Petitioner is the husband of opposite party no.2.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.80011 of 2024(5) dt.16-07-2025 2/3 allegations made by the opposite party no. 2 are completely false and baseless. She has malafidely suppressed a number of facts and circumstances which have been indicated in para-4 of the supplementary affidavit filed on behalf of the petitioner. Further, it has also been informed that another FIR based on allegations has also been lodged by the opposite party no. 2 which is under challenge before this Court in Criminal Writ Jurisdiction, bearing Cr. W.C. No. 1159 of 2025. However, the stand of the petitioner had always been that he was ready to keep his wife and his daughter along with him with full dignity and honour.

6. Learned counsel for the opposite party no. 2, however, strongly opposes the grant of anticipatory bail on the grounds as indicated in the complaint petition.

7. At this stage, the learned counsel for the petitioner makes an offer to make a payment of an amount of Rs. 3000/- (rupees three thousand) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

8. In such view of the matter, let the above named

Patna High Court CR. MISC. No.80011 of 2024(5) dt.16-07-2025 3/3 petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees 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 Complaint Case No. 7588C of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

9. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T