IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13608 of 2025 Arising Out of PS. Case No.-1553 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Lalit Kumar Yadav (Rai), (Male) Aged about 45 years, Son of Late Mahabir Rai, Resident of village- Hariharpur Kherahi, P.S.- Khanpur, District- Samstipur, Presently residing at - Mohanpur, P.S- Muffasil, District- Samastipur ... ... Petitioner/s Versus 1. The State of Bihar 2. Shiv Kumari Devi wife of Lalit Kumar Yadav (Rai) Resident of village- Hariharpur Kherahi, Ps- Khanpur, Dist- Samstipur, P/A- Mohanpur, ps- Muffasil, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishore Prasad, Advocate For the State : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 23-07-2025 Heard Mr. Raj Kishore Prasad, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State. 2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1553 of 2022 arising out of Trial No. 2483 of 2023 registered for the offence punishable under Sections 498A and 420/34 of the Indian Penal Code. 3. As per the allegation made in the FIR, the petitioner and his family members, after nearly more than 13 years of marriage, started torturing the complainant, who is the second wife of the petitioner. Patna High Court CR. MISC. No.13608 of 2025(3) dt.23-07-2025 2/4 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that allegation made in the complaint petition against the petitioner is false and fabricated. Petitioner admits that complainant is his second wife and he married with the complainant after death of his first wife. Complainant don't want to live in joint family but the petitioner is not financially sound to live separately at any other place. Petitioner has been penalized by his wife/complainant, who has victimized him by filing criminal cases against him time and again. Learned counsel orally submitted that he has received instruction that complainant is living in her matrimonial house till date. On these grounds, petitioner seeks to be released on pre-arrest bail. 5. Mr. Ajit Kumar, learned APP for the State submitted that the conduct of the petitioner shows that the similar allegation was alleged against him in the year 2012 and subsequent to that the petitioner has been made accused in the present complaint case and vehemently opposed the prayer for grant of pre-arrest bail. 6. Considering the rival submissions made on behalf of the parties, as well as, the allegations made in the complaint Patna High Court CR. MISC. No.13608 of 2025(3) dt.23-07-2025 3/4 petition against the petitioner, who is the husband of the complainant. The parties are having two children and they have been left uncared due to strained matrimonial relationship between the husband and wife and the petitioner has instructed his learned counsel that he is ready to live along with his wife/complainant at any cost and he will take care of her and their two children. Petitioner has been penalized by his wife/complainant, who has victimized him by filing criminal cases against him time and again. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail. 7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-II, Samastipur, in connection with Complaint Case No. 1553 of 2022 arising out of Trial No. 2483 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. 8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is Patna High Court CR. MISC. No.13608 of 2025(3) dt.23-07-2025 4/4 pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. Niraj/- (Purnendu Singh, J) U T