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2025 DAILYLAW 65724 (PAT)

Mansih Kumar Sah @ Manish Sah v. The State of Bihar

CR. MISC./61563/2024 · 2025-04-08

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61563 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- PURNIA COMPLAINT CASE District- Purnia ====================================================== Mansih Kumar Sah @ Manish Sah son of Sri Rajo Sah @ Rajendra sah @ Raj Kumar sah Village- Kajra, Ps- Mirganj, Dist- Purnea ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Nandani Kumari @ Nandani Devi Daughter of Sri Akhilesh Sah village- Bhangha, Ps- Falka, Dist- katihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 6 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Complaint Case No. 132 of 2024 for the offence under Section 498A of the I.P.C. 3. As per the prosecution story, the complainant has alleged that her marriage was solemnised with the petitioner on 25.06.2021 as per Hindu Rites and customs. It is further alleged that when she was pregnant, all the accused persons started demanding Rs. 3,00,000/- cash and due to nonfulfillment of same, she was subjected to cruelty and subsequently driven out from her matrimonial house. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has filed a divorce petition bearing Case No. 11 of 2024 on Patna High Court CR. MISC. No.61563 of 2024(6) dt.08-04-2025 2/2 16.01.2024 and after filing of the aforesaid divorce petition the complainant filed a complaint petition under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act on 18.01.2024 against the petitioner and others. Lastly, he prayed to enlarge the petitioner on bail. 5. Learned APP opposes the prayer for bail. 6. During the course of argument, learned counsel for the petitioner submits that prior to this case the petitioner has already filed a Divorce Case No. 11 of 2024 on 16.01.2024 and subsequently the present case has been filed. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the fate of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea, in connection with Complaint Case No. 132 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Ankit Kumar/- (S. B. Pd. Singh, J) U T