2025:JHHC:26691 --1-- A.B.A. No. 6388 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 6388 of 2023 ---- Nitish Kumar @ Sonu, aged about 36 years, S/o Atma Nand Singh, R/o Krishnapuri, PO, PS and District – Deoghar .... Petitioner -- Versus -- 1. The State of Jharkhand 2. Pushpam Kumari @ Aradhya, D/o Late Mouleshwar Singh, R/o Anand Nagar, Circular Road, PO and PS – Rikhiya, District - Deoghar .... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Nawin Kr. Singh, Advocate :- Mr. Deepak Kumar, Advocate :- Ms. Soumya Rai, Advocate For the State :- Ms. Shweta Singh, Advocate For O.P. No.2 :- Mr. Sunil Kr. Mahto, Advocate ---- 04/02.09.2025 Heard learned counsel appearing for the petitioner, learned counsel appearing for the State and learned counsel appearing for the opposite party No.2 2. The petitioner is apprehending his arrest in connection with Complaint Case No.38 of 2022 for the alleged offences registered under Section 498A of Indian Penal Code and Section 4 of Dowry Prohibition Act pending in the Court of learned Judicial Magistrate, 1st Class, Deoghar. 3. Learned counsel appearing for the petitioner submits the petitioner happened to be the husband of the complainant. He 2025:JHHC:26691 --2-- A.B.A. No. 6388 of 2025 submits that earlier the petitioner has filed the divorce case against the wife being Original Matrimonial Suit No.262 of 2021 and thereafter the complaint case has been lodged. He further submits that the cognizance has been taken and entire family members have been made accused. 4. Learned counsel appearing for the State submits that the matter is arising out of the complaint case. 5. Learned counsel appearing for the complainant opposes the prayer and submits that the allegations are there and even the assault has been made by the petitioner and in view of that the anticipatory bail may kindly be rejected. 6. In view of the above and considering that the petitioner happened to be the husband and the petitioner has filed the Original Matrimonial Suit No.262 of 2021 on 15.09.2021 and thereafter the present complaint case has been filed on 05.01.2022 in that view of the matter, the petitioner is directed to surrender before the learned Court within two weeks and the learned Court shall release the petitioner on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Sangam/