Santosh Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79695 of 2025 Arising Out of PS. Case No.-292 Year-2025 Thana- TEGHRHA District- Begusarai ====================================================== Santosh Kumar Pathak S/O Sri Jagannath Pathak R/O Vill.- Gaura No.-1, Ward no.-3,P.S- Teghra, Dist- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rupam Kumari W/O Late Gautam Kumar Pathak R/O Vill.- Gaura No.-1, Ward no.-3,P.S- Teghra, Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Sinha, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Teghra P.S. Case No. 292 of 2025 registered for the offences punishable u/ss 85, 308(4), 74, 352, 351(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry. It is further alleged that on 07.09.2025, the petitioner came in drunken condition and asked the informant to marry him so that she could continue living in the matrimonial home.

Patna High Court CR. MISC. No.79695 of 2025(2) dt.17-11-2025 2/3 When the informant refused, the petitioner allegedly tried to touch her with bad intention, abused her and threatened to kill her. It is further alleged that the informant's husband died in 2019.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the brother-in-law of the informant and he has no concern with the alleged offence. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender 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 the learned court concerned, Begusarai in connection with Teghra P.S. Case No. 292 of 2025, subject to conditions as laid down under section 482(2) of the

Patna High Court CR. MISC. No.79695 of 2025(2) dt.17-11-2025 3/3 B.N.S.S. with further condition :

(i) The petitioner is directed to remain physically present before the learned Court below 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. The application stands allowed.

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