IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85999 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- MAHILA P.S. District- Nalanda ====================================================== Nitish Kumar son of Dinesh Paswan Resident of village-kathapura, p.s.- Noorsarai, District- Nalanda ... ... Petitioner/s Versus 1. The State of Bihar BIHAR 2. Kajal kumari d/o Ramashray paswan Resident of village- Murgiyachak, p.s.- Ben, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudish Kumar For the Opposite Party/s : Mr.Braj Kishore Pd.(App) For the O.P. No. 2 : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 9 14-05-2025 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 85 of 2022 (District Nalanda) dated 09.10.2022 registered under Section 498(A), 341, 323, 504, 506, 34 of the I.P.C. and section 3 / 4 of the Dowry Prohibition Act. 3. As per the first information report lodged by the opposite party no. 2 namely Kajal Kumari the marriage of the informant was solemnized with the petitioner on 19.11.2021 as per Hindu rites and customs. Thereafter she went to her matrimonial home and after five months the petitioner along with other family members started harassing and abusing and demanded Rs. 5 lakh and one motorcycle from the parents of the Patna High Court CR. MISC. No.85999 of 2023(9) dt.14-05-2025 2/3 informant. 4. Learned counsel for the petitioner submits that a false and fabricated case has been lodged against the petitioner and his entire family member. The petitioner is not the husband of the opposite party no. 2. The father of the informant wanted to solemnize marriage of the informant with the petitioner but the same could not be finalized. The present F.I.R. has been lodged in order to put pressure upon the petitioner and his family members to solemnize marriage with the opposite party no. 2. The allegation of marriage with the petitioner on 19.11.2021 at Surya Mandir Ashanagar is false and fabricated. As per the statement made in the F.I.R. the petitioner’s marriage with informant was solemnized as per Hindu customs and rites in Surya Mandir, Ashanagar on 19.11.2021, however, during course of investigation in the re-statement the informant has said that marriage was solemnized in Surya Mandir secretly. 5. The matter was sent for mediation but as per the mediation report the same has failed and the parties could not resolve their dispute with the process of mediation. 6. Despite service of notice and vakalatnama having been filed by learned counsel for the opposite party no. 2 / informant, no one appeared for the informant. Patna High Court CR. MISC. No.85999 of 2023(9) dt.14-05-2025 3/3 7. Regard being had to the submission made by the parties, taking into consideration the fact that general and omnibus allegation has been made against the petitioner and his family members and the petitioner is denying marriage, accordingly, I am inclined to grant anticipatory bail to the petitioner. 8. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Mahila P.S. Case No. 85 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. praful/- (Anil Kumar Sinha, J) U T