IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54428 of 2025 Arising Out of PS. Case No.-453 Year-2022 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Dharkan Paswan @ Dharkani Paswan S/o Late Jagdish Paswan Resident of Village - Tintanga, PS - Gopalpur, District - Khagaria ... ... Petitioner/s Versus 1. The State of Bihar 2. Sundari Devi W/o Dharkan Paswan @ Dharkani Paswan, D/o Kamleshwari Paswan R/o vill - Labhgaon, P.S.- Khagaria (Gangaour), Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 10-03-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 441 and 498(A)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. 3. Learned counsel for the petitioner submits that from perusal of the office report dated 15.11.2025, it would manifest that the notice has been personally received by the complainant/opposite party no. 2 but then the complainant/opposite party no. 2 despite receiving the notice chooses not to appear and contest. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.54428 of 2025(4) dt.10-03-2026 2/3 petitioner, being the husband, has been falsely implicated in the instant case by the complainant/opposite party no. 2 with an allegation that she was married to the petitioner on 15.02.2021 and after marriage all the accused persons including the petitioner started assaulting her for non-fulfillment of the demand of dowry of motorcycle and also tried to burn her. 5. Learned counsel for the petitioner submits that a specific pleading has been made at para 10 of the anticipatory bail application that petitioner is willing to keep the complainant/opposite party no. 2 with honour and dignity but then the complainant/opposite party no. 2 despite receiving the notice chooses not to appear and contest which amply demonstrates that she is not interested in reviving her conjugal relationship. 6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. It is submitted that no doubt, at para 10 of the anticipatory bail application, it has been pleaded that petitioner is ready to keep his wife with full respect and dignity but then it might be a ploy only for the purposes of seeking anticipatory bail on which learned counsel appearing on behalf of the petitioner based on instruction submits that he has instruction to make submission that if the complainant/opposite Patna High Court CR. MISC. No.54428 of 2025(4) dt.10-03-2026 3/3 party no. 2 is willing to revive her conjugal relationship and the petitioner resiles in that event the complainant/opposite party no. 2 can approach this Court seeking cancellation of anticipatory bail, if granted. 7. After hearing the learned counsel for the parties, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Complaint Case No. 453C of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S. Kundan/- (Satyavrat Verma, J) U T