Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5165 of 2025 Arising Out of PS. Case No.-348 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Abhishek Kumar Son of Shri Uday Kumar Singh @ Uday Singh Resident of Village and Post - Sripal Vashant, P.S. - Garkha, District - Saran. Presently residing at House No. 5A/3, Dr. Laxmi Narayan Path, Opp. Amarkunj Apartments, F-Block, North Srikrishnapuri, Patna-800013, P.S. - Srikrishnapuri ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kumari Sneha Daughter of Pankaj Kumar @ Subodh Singh Resident of Village and P.O. - Kulharia, P.S. - Koilwar, District - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhiraj Sagar, Adv.
For the State :
Mr.Shailendra Kumar, APP For O.P. No. 2 :
Mr. Brijendra Kumar, Adv.
Mr. Rajesh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for the complainant.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 348 of 2023, registered for the offences punishable under Sections 498(A) and 34 of the Indian Penal Code.
3. The complainant is wife of the petitioner. Her marriage was solemnized with the petitioner on 29.05.2019. The accused persons demanded dowry of Rs. 10 lakhs and tortured
Patna High Court CR. MISC. No.5165 of 2025(6) dt.24-09-2025 2/3 her. She has also mentioned in her complaint petition that the petitioner had illicit relation with another lady in Delhi, where he is working. When the complainant went to Delhi, her husband was not present at his residence and in this respect, a case was lodged by the complainant in Saket Police Station.
4. Vide order dated 05.08.2025, the matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator shows that the matter could not be resolved between the parties and therefore, the mediation failed.
5. The learned counsel for the petitioner has submitted that the complainant has made false allegations not only against the husband but also levelled filthy allegations against in-laws. It is for this reason that the petitioner has expressed his unwillingness to keep the complainant. He has further submitted that the petitioner is ready to pay Rs. 5,000/- per month as interim maintenance to the complainant.
6. On the other hand, the learned counsel for the complainant has submitted that the petitioner is husband of the complainant and when she went Delhi, the petitioner after changing his address, had left that place. According to allegation, the petitioner has illicit relations with another lady.
Patna High Court CR. MISC. No.5165 of 2025(6) dt.24-09-2025 3/3
7. Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 5,000/- per month as interim maintenance to the complainant, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhojpur at Ara. in connection with Complaint Case No. 348 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
8. The petitioner is directed to pay Rs. 5,000/- per month as interim maintenance to opposite party no. 2 (the complainant). The interim maintenance would be set off, if any other court grants maintenance to the opposite party no. 2.
9. It is made clear that if the petitioner fails to pay two continuous installments, his bail bond shall stand cancelled.
(Nawneet Kumar Pandey, J) Nirmal/- U T