IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1135 of 2025 Arising Out of PS. Case No.-231 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Rajdeep Kumar S/o Shiv Nandan Yadav Resident of Village - Parasbani, P.S.- Banma Ithari, District – Saharsa. ... ... Petitioner/s Versus 1. The State of Bihar 2. Renu Kumari W/o Rajdeep Kumar, D/o Pawan Yadav Resident of Mania, P.S- Salkhua (O.P Banma Ithari ), District – Saharsa. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 231C of 2023, cognizance has been taken under Sections 498A, 323 and 506 of the Indian Penal Code. 3. The prosecution case, as per the complaint, the petitioner is husband of Complainant/Opposite Party No. 2 and the allegation against him that marriage of the Complainant/Opposite Party No. 2 was solemnised with the petitioner, namely, Rajdeep Kumar, in the year 2014 and out of the wedlock one girl child was born. The petitioner Patna High Court CR. MISC. No.1135 of 2025(2) dt.12-02-2025 2/4 thereafter started demanding dowry and due to non-fulfillment of the demand, Complainant/Opposite Party No. 2 was mentally and physically tortured by the petitioner and his family members. 4. Learned counsel for the petitioner submits that due to marriage discord between the parties, the present complaint has been lodged by the Complainant/Opposite Party No. 2. However, maintenance case lodged by Opposite Party No. 2 bearing Maintenance Case No. 16 of 2023, the parties have arrived at to compromise that the petitioner shall pay Rs. 3500/- per month to the Complainant/Opposite Party No. 2 as maintenance and accordingly, the learned Family Court, Saharsa has passed the order dated 30.11.2023, directing the petitioner to pay maintenance of Rs. 3500/- per month. The order also reflects that the Complainant/Opposite Party No. 2 has also agreed that she would not file any kind of case against the husband/petitioner in future. Further, the petitioner does not want to face any litigation. The petitioner is ready to pay Rs. 3500/- per month to the Complainant/Opposite Party No. 2. 5. Learned counsel for the complainant opposed the prayer for anticipatory bail and submits that the petitioner has Patna High Court CR. MISC. No.1135 of 2025(2) dt.12-02-2025 3/4 performed second marriage and the very fact that he has performed the second marriage during subsistence of the first marriage, goes to show that the Complainant/Opposite Party No. 2 has tortured her mentally. He further submits that the maintenance amount as agreed before the Family Court by the petitioner at the rate of Rs. 3500/- per month has not yet been started or paid. 6. Having regard to submission made by the parties and taking into consideration the nature of allegation and the fact that petitioner has agreed to pay a sum of Rs. 3500/- per month to the Complainant/Opposite Party No. 2, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that petitioner shall pay Rs. 3500/- per month to the Complainant/Opposite Party No. 2 regularly, failing which, the Complainant/Opposite Party No. 2, shall be at liberty to take appropriate steps for cancellation of anticipatory bail of the petitioner. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saharsa in Patna High Court CR. MISC. No.1135 of 2025(2) dt.12-02-2025 4/4 connection with Complaint Case No. 231C/2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. Siwani/- (Anil Kumar Sinha, J) U T