Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70500 of 2025 In CRIMINAL MISCELLANEOUS No.86353 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Ravi Kumar S/O Chandrabali Paswan @ Sumam Paswan R/O Belaw, Belgawan, P.S- Kaler, Distt.- Arwal.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari D/O Yogendra Ram R/O Mahwar Tole Matukdhari Bigha, P.S- Daudnagar, Distt.- Aurangabad.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86353 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Ravi Kumar S/O Chandrabali Paswan @ Sumam Paswan R/O Belaw, P.SKaler, Distt.- Arwal. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari D/O Yogendra Ram R/O Mahwar Tole Matukdhari Bigha, P.S- Daudnagar, Distt.- Aurangabad.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 70500 of 2025) For the Petitioner/s :
Mr. Abhimanyu Deo, Adv.
:
Mr. Amit Kumar Maharaj, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, App.
For the O.P. No. 2 :
Mr. Abhishek Kumar Singh, Adv.
(In CRIMINAL MISCELLANEOUS No. 86353 of 2024) For the Petitioner/s :
Mr. Abhimanyu Deo, Adv.
:
Mr. Amit Kumar Maharaj, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, App.
For the O.P. No. 2 :
Mr. Abhishek Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-10-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Cr. Misc. No. 70500 of 2025 has been filed for modification of the order dated 10.07.2025 passed in Cr.
2/5 Misc. No. 86353 of 2024 whereby privilege of provisional anticipatory bail for a period of three months was granted to the petitioner in connection with Complaint Case No. 68 of 2024 registered under Section 498(A) of the Indian Penal Code and Section 4 of the D.P. Act subject to the condition that the petitioner shall surrender before a learned Court below within a period of four weeks from the date of the order.
3. By order dated 10.07.2025 passed in Cr. Misc. No. 86353 of 2024, the petitioner who is the husband was granted provisional anticipatory bail for a period of three months on the ground that the petitioner was ready to improve his conduct and character and expressed his readiness to live with his wife provided she agrees to reside in a joint family and behave in a cordial and respectful manner. He undertook to treat his wife with full honour and dignity. The wife was also ready to live with her husband i.e., petitioner if the petitioner assures not to maintain any form of relationship with his sister-in-law and sincerely attempts to improve his conduct and treat her respectfully.
4. However, the petitioner did not surrender within four weeks as directed by this Court and did not furnish the
3/5 bail bond as directed by this Court, however, now he has filed a modification application bearing Cr. Misc. No. 70500 of 2025 for extension of time granted by this Court for surrender and furnishing bail bond. Both the matters are being heard together. The husband and wife i.e., petitioner and O.P. No. 2 are present in person.
5. In the modification application, the petitioner has taken a ground that due to error on part of the counsel for the petitioner that he did not communicate the order along with its copy to enable the petitioner to surrender, however, today when the matter was heard in open Court, both learned counsel for the petitioner and O.P. No. 2 including the husband and wife jointly submitted that they want to settle the matter finally and completely and the petitioner is ready to take her wife from the Court to his work place at Nawada where he will keep her with all honour and dignity in a rented house which has already been arranged by the petitioner.
6. Petitioner is working as Constable and at present, he is P.S.O. of Additional District Magistrate, Nawada. O.P. No. 2 is also a constable and is working at Patna in 112 Head Office. Both husband and wife has agreed before
4/5 this Court to live together and the petitioner assures to introspect and improve his conduct and character and has also given undertaking that he will not torture the O.P. No. 2 i.e., his wife physically as well as mentally. The O.P. No. 2 has also given undertaking that she will live cordially and peacefully and in respectful manner with her husband at Nawada for some time after taking leave from her duty and shall continue to visit her husband's place for living together as and when she gets time and or leave from her duty.
7. Having considered the submission advanced by the parties and the fact that both husband and wife have agreed to live together cordially in the rented house of the petitioner at Nawada, I am inclined to granted privilege of anticipatory bail to the petitioner with a condition that the petitioner shall take his wife along with him today itself to Nawada for living together in the rented house arranged by him and he will not cause any harassment physically, mentally and otherwise to his wife and the wife is also directed to live in a peaceful manner and not to disturb her husband i.e., petitioner on a trivial issue. This Court hope and trust that both husband and wife will
5/5 improve their conduct and will continue to live as husband and wife peacefully.
8. The Superintendent of Police, Nawada, is directed to watch the conduct of both petitioner and O.P. No. 2 through the S.H.O. of the place where petitioner and O.P. No. 2 would reside together.
9. The wife shall attend her duty at Patna and shall be free to visit Nawada to live together with her husband as and when she gets time from her duty.
10. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga, in connection with Bahera Police Station Case No. 256 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
11. Accordingly, Cr. Misc. No. 70500 / 2025 stands allowed. (Anil Kumar Sinha, J) HarshPandey/- U T