IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86175 of 2023 Arising Out of PS. Case No.-488 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== Arbind Kumar @ Manji son of Srinath Singh Resident of Village Ghausiyakalabal (soharniya), p.s.- Bikramganj, District- Rohtas ... ... Petitioner/s Versus 1. The State of Bihar 2. Pinki kumari, d/o rajendra singh r/o vill-tendulitola, behind inter school, ward no-5 p.s, bikramganj, dist-rohtas ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sushanta Kumar Das, Adv. Ms. Eisha, Adv. For the State : Mr. Mohammad Sufyan, APP. For the O.P. No.2 : Mr. Upendra Prasad Singh, Adv. Mr. Kameshwar Singh, Ad. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 22-01-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2. 2. The petitioner apprehends his arrest in connection with Bikramganj P.S. Case No. 488 of 2019 registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. 3. Learned counsel appearing on behalf of the informant submits that the case was taken up on 29.04.2024 when a submission on behalf of the petitioner was made that he is willing to restitute his conjugal right and will keep the O.P. No.2 and his three children with honor and dignity and the O.P. Patna High Court CR. MISC. No.86175 of 2023(5) dt.22-01-2025 2/4 No.2 had also submitted that even she is willing to resume her conjugal relationship, further the petitioner before the Court had stated that the moment O.P. No.2 and the children come back to the matrimonial home, he will get all the three children admitted in a school for their studies and will ensure that the children complete their study. It is further submitted that before this Court the petitioner had made a submission that he will sent an Auto to the house of the O.P. No. 2 for bringing her along with the children back to the matrimonial home. It is next submitted that the petitioner sent an Auto to the house of the O.P. No.2 for bringing her back to the matrimonial home along with the children and the O.P. No.2 along with the children even came at the matrimonial home but then petitioner again started misbehaving with the O.P. No. 2 and the children and even assaulted them in a drunken condition which led to filing of Bikramganj P.S. Case No. 267 of 2024 dated 05.05.2024 under Sections 341, 323, 504, 498A of the Indian Penal Code read with Section 37 of the Bihar Prohibition and Excise Act. It is next submitted that petitioner was taken in custody in Bikramganj P.S. Case No. 267 of 2024 but, subsequently was granted the privilege of regular bail. 4. Learned counsel for the O.P. No.2 next submits that Patna High Court CR. MISC. No.86175 of 2023(5) dt.22-01-2025 3/4 it is an admitted position that O.P. No.2 and petitioner are not staying together for the last five years and the O.P. No.2 is burdened with the responsibility of three children and the petitioner in these five years never bothered to even come and meet the O.P. No.2 and children as he was enjoying his life. It is also submitted that before this Court the petitioner had made a categorical submission that he will keep O.P. No.2 and children with honor and dignity but when O.P. No. 2 along with her children went to the house of the petitioner, they were assaulted for which the aforesaid criminal case was instituted which amply demonstrates the conduct of the petitioner. 5. Leaned counsel appearing on behalf of the petitioner is not in a position to rebut the submission of learned counsel appearing on behalf of the O.P. No. 2 that petitioner and O.P. No. 2 are staying apart for the last five years and the O.P. No. 2 has taken the responsibility of the children and the petitioner in these five years never bothered even to pay any maintenance amount to the O.P. No. 2 for upkeep of the children. 6. Learned APP for the State as well as learned counsel for the O.P. No.2 thus have vehemently opposed the prayer for anticipatory bail of the petitioner. Patna High Court CR. MISC. No.86175 of 2023(5) dt.22-01-2025 4/4 7. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the O.P. No. 2, the Court is not inclined to grant the privilege of the anticipatory bail to the petitioner. 8. Accordingly, the petition is hereby rejected. annpurna/- (Satyavrat Verma, J) U T