IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78322 of 2024 Arising Out of PS. Case No.-1238 Year-2023 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Rahul Kumar Chaubey, Son of Surendra Chaubey @ Surendra kumar Chaubey, R/o - Harihar Dihra, P.O and P.S - Kochas, District - Rohtas At Present Residing at Maruti Nagar, Near Sai Baba Mandir, Infront of Munna Pandey Kirana Store, House of Banke Bihar Singh, P.S - Lanka, District - Varanashi, U.P ... ... Petitioner/s Versus 1. The State of Bihar 2. Khushboo Kumari, Wife of Rahul Kumar Choubey, village- Harihar Dihra, Po and Ps- Kochas, Dist- Rohtas At P/A- Nuranganj, Baulia Road, Sasaram near Kali Mandir, Ps and Post- Sasaram, Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Krishna Tiwari, Advocate For the Opposite Party/s : Mr. Binod Murari Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 22-03-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner happens to be husband of the opposite party no. 2 apprehending his arrest in connection with Complaint Case No. 1238(c) of 2023, wherein the learned Court has taken cognizance punishable under Section 498(A) of the Indian Penal Code. 3. Learned Advocate appearing on behalf of the petitioner referring to the complaint has contended that the Patna High Court CR. MISC. No.78322 of 2024(3) dt.22-03-2025 2/3 marriage of the petitioner was solemnized with the opposite party no. 2 on 20.05.2022 as per the Hindu rites and rituals and later on, on account of some differences between the parties, the present complaint case has been instituted. Referring to paragraph no. 16 of the application it is contended that the petitioner has always been ready to keep the opposite party no. 2 with honour and dignity and the bona fide is also writ large as the petitioner had filed a Matrimonial Case No. 329 of 2024 under Section 9 of the Hindu Marriage Act for restitution of the conjugal rights. It is submitted at the Bar that the afore-noted matrimonial case has now been disposed off by the Principle Judge, Family Court, Sasaram on 18.03.2025 after the matter being compromised between the parties. 4. Mr. Binod Murari Mishra, learned Advocate for the opposite party is present, however, he submits that if the matter has already been compromised and this is the present position, then he has no objection. 5. Regard being had to the submissions made on behalf of the parties and considering the factum of compromise between the parties as has been stated by Mr. Vijay Krishna Tiwary, learned Advocate for the petitioner, let the petitioner above named be released on bail, in the event of his arrest or Patna High Court CR. MISC. No.78322 of 2024(3) dt.22-03-2025 3/3 surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Vith, Sasaram rohtas in connection with Complaint Case No. 1238 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T