IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13157 of 2026 Arising Out of PS. Case No.-223 Year-2024 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Jitendra Pandey @ Jitendra Kumar Pandey S/o Jaleshwar Pandey R/o Village- Harihas, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s Versus 1. The State of Bihar 2. Chanchal Devi W/o Jitendra Pandey R/o Village- Harihas, P.S.- Hussainganj, District- Siwan, D/o Krishna Kumar Mishra, R/o Village - Panan Mahuwa, P.S - Kateya, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 26-02-2026 Heard the parties. 2. The petitioner apprehends his arrest in connection with Complaint Case No. 223 of 2024, in which cognizance has been taken for the offences under sections 323, 341 and 498A of the Indian Penal Code. 3. Learned counsel for the petitioner submits that the instant matter is based on the complaint filed by the wife of the petitioner and there is no any medical evidence to support the allegation of physical cruelty. The petitioner’s marriage with his wife took place 12 years ago and the cognizance of the alleged offences was taken by the trial court in violation of the mandatory proviso appended to sub-section (1) of section 223 of Patna High Court CR. MISC. No.13157 of 2026(2) dt.26-02-2026 2/2 BNSS as at the time of taking cognizance the petitioner was not given an opportunity of hearing. 4. Learned APP for the State has opposed the prayer of the petitioner. 5. In the facts and circumstances of this case and considering the aforesaid submissions, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Complaint Case No. 223 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. annu/- (Shailendra Singh, J) U T