Patna High Court – Orders
Abhay Kumar vs The State Of Bihar on 4 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67008 of 2023
Arising Out of PS. Case No.-29 Year-2023 Thana- MAHILA P.S. District- Bhojpur
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Abhay Kumar Son of Nand Kishore Ray R/o Village-Bhatt Bigha, P.S.-
Chauri, District-Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
Ms. Priya Kumari, Advocate
Mr. Deepak Kumar, Advocate
Mr. Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
For the Informant : Mr. Maya Shankar Mishra, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 04-08-2025
Heard Mr. Diwakar, learned counsel for the
petitioner, Mr. Maya Shankar Mishra, learned counsel appearing
on behalf of the informant as well as Mr. Shyam Bihari Singh,
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Mahila P.S. Case No. 29 of 2023, F.I.R. dated
01.06.2023 for the offences punishable under Sections 341, 323,
504, 506 and 498(A) of the Indian Penal Code and Sections ¾
of the Dowry Prohibition Act.
3. According to prosecution case, this petitioner along
with her family members tortured the informant physically and
mentally due to non-fulfillment of demand of dowry and even
Patna High Court CR. MISC. No.67008 of 2023(6) dt.04-08-2025
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try to kill her by pouring kerosene oil on her. It is further alleged
that the accused persons also tried to outrage her modesty and
they even assaulted her and her father and brother.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R.
5. Vide order dated 05.03.2024 the matter was referred
to learned Mediator to resolve the dispute between the parties.
Report of the learned Mediator dated 07.05.2024 reveals that the
dispute between the parties could not be resolved through the
process of mediation.
6. After the aforesaid report, learned counsel for the
petitioner informed this Court that he is ready to keep the
informant as his wife with full honor and dignity. In view of
aforesaid submission this Court has directed the petitioner to
bring back the informant to her matrimonial house within a
period of two weeks.
7. Learned counsel for the petitioner has filed an
affidavit stating therein that one Surya Kumar @ Suraj Kumar
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who happens to be younger brother of the petitioner has gone to
the house of the informant to take her back on 25.07.2025 but
she has refused to come with him.
8. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that in the mediation process the petitioner in the
presence of learned Mediator submits that he is not ready to
keep the informant as his wife and apart from that the brother of
the petitioner never went to the house of the informant to take
her back as stated in the supplementary affidavit.
9. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, 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 the learned
Sub Divisional Judicial Magistrate, Ara in connection with
Mahila P.S. Case No. 29 of 2023, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
Patna High Court CR. MISC. No.67008 of 2023(6) dt.04-08-2025
4/4i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T