Bhola Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1469 of 2025 Arising Out of PS. Case No.-624 Year-2022 Thana- COMPLAINT CASE - JHANJHARPUR District- Madhubani ====================================================== Bhola Kumar Sah Son of Ramchandra Sah Resident of Village - Karharwa, P.S - Laukahi, District - Munger ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Munni Devi @ Munni Kumari Wife of Jitendra Sah Resident of Village - Majhaura, Panchayat - Parsa North, P.S. - Narahiya, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Ajay Kumar No. 2,APP For the O.P. No. 2 :
Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025
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 Complaint Case no.624 of 2022 registered under section 498A of the Indian Penal Code and Section 4 of the D.P. Act.
3. As per the prosecution case, the informant states that her husband Bhola Kumar Sah, the petitioner herein, started to assault the informant mentally and physically on account of non-fulfillment of demand of dowry and also ousted her from matrimonial house.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1469 of 2025(4) dt.08-05-2025 2/3 allegation of demand of dowry and torture is false and concocted. The complainant herself did not want to live with the petitioner and she left her matrimonial house out of her own will. Learned counsel for the petitioner has drawn the attention of the Court with regard to paragraph no. 13 of the petition that opposite party no. 2 has remarried with one Jitendra Sah, S/o Hari Sah, R/o Majhaura, P.S. Narahiya District- Madhubani. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State. However, learned counsel for the opposite party no.2 submits that opposite party no.2 would not be interested in pursuing the present matter as she has performed second marriage.
6. 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 Complaint Case no.624 of 2022 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 Sub-Divisional Judicial Magistrat, Jhanjharpur, Madhubani,
Patna High Court CR. MISC. No.1469 of 2025(4) dt.08-05-2025 3/3 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.
(Soni Shrivastava, J) Harsh/- U T