Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89699 of 2024 Arising Out of PS. Case No.-987 Year-2023 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Rajesh Kumar S/O Ramashray Paswan R/O Murgiyachak, P.S.- Sare, Dist.- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sapna Kumari W/O Rajesh Kumar, D/O Satyendra Paswan R/O Murgiyachak, P.S.- Sare, Dist.- Nalanda. At Present R/O Mohiuddinpur, P.S.- Rahui, Dist.- Nalanda.

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the State :

Mrs. Indu Kumari Srivastava, APP For the O.P. No.2 :

Mr. Pravin Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323 of the Indian Penal Code.

3. This matter has been sent to Mediation and Conciliation Center, Patna High Court, Patna. The mediation has failed.

4. It is submitted by learned counsel for the petitioner that the allegations made in the Complaint petition are not

Patna High Court CR. MISC. No.89699 of 2024(4) dt.13-08-2025 2/3 correct and considering the behaviour of his wife, the petitioner was compelled to file a matrimonial case for divorce being Divorce Case No.261 of 2023. Further, the petitioner is posted in B.S.F. at Rajasthan and he has been regularly making a payment of amount of Rs.15,000/- (Rupees Fifteen Thousand) awarded in a Maintenance Case.

5. Learned counsel for the opposite party no.2, however, opposes the grant of anticipatory bail on the ground that such payment is not being made regularly.

6. Taking the rival contentions into consideration and also taking into account the specific assertion of the petitioner that the amount of Rs.15,000/- (Rupees Fifteen Thousand) is being paid regularly and he would continue to pay the same in future until any other order is passed in any other connected or collateral proceeding, let the above named 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 lower Court where the case is pending/successor Court in connection with Complaint Case No.987C of 2023, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.89699 of 2024(4) dt.13-08-2025 3/3 the Cr.P.C/482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) anand/- U T