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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21724 of 2026 Arising Out of PS. Case No.-441 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Ganga Ram Thakur S/o- Late Govind Thakur Village- Baghmara, P.S.- Devhaur, Dist.- Godda Jharkhand ... ... Petitioner/s Versus
1. The State of Bihar
2. Geeta Devi W/o- Ganga Ram Thakur R/v- Baghmara Ps- Devhaur, Dist- Godda, Jharkhand, A/P- Belbhadri Gokhula Mishan Ps- Ishipur Barahat Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 5 20-08-2026 Heard the learned counsel for the petitioner and the learned APP for the State. 2. Pursuant to order dated 11.08.2026, the petitioner and the opposite party no.2, along with her father appeared in Chamber. This Court tried to resolve the matter, however the opposite party no.2 was not agreeable, either to live with the petitioner or for one time settlement. In view of the development, this Court is persuaded to pass orders on merits the anticipatory bail petition filed by the petitioner. 3. The petitioner apprehends his arrest in connection with Complaint Case No. 441 of 2018, for allegedly having committed offence under Sections 498A of the IPC and Section
Patna High Court CR. MISC. No.21724 of 2026(5) dt.20-08-2026 2/5 3/4 of the D.P. Act. 4. As per the prosecution story, which has been lodged on the basis of the complaint filed by the complainant/opposite party no.2, which gave rise to Complaint Case No. 441 of 2018 to the effect that her marriage was solemnized with the petitioner on 19.04.2017, according to Hindu Rites and Rituals. The father of the complainant gave Rs. 1,00,000/- in cash, motorcycle, jewellery and other ornaments as gift. It has been alleged that after marriage, the accused persons started demanding dowry and assaulting the opposite party no.2. The husband of the complainant (the petitioner herein) asked for money from the complainant for his job and when an information was given to the father of the complainant, he tried to pacify the matter. After some time, again the accused persons assaulted and tortured the complainant. Pursuant thereto, an information was given to the father of the complainant by the complainant.
When he came to her matrimonial home, all the accused persons assaulted her in front of his father and ousted her from their house. A panchayati was held on 01.04.2018, however the accused persons did not obey the directions given by the panchayat. 5. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.21724 of 2026(5) dt.20-08-2026 3/5 that the petitioner is innocent and has not committed any offence. He submits that the complainant does not want to live with the petitioner at Godda. He further submits that the complainant also filed a complaint case in Godda bearing Complaint Case No. 40/2020 against the petitioner, with a view to harass him, however in the said case, the petitioner has been granted bail. He further submits that the petitioner has filed a petition under Section 9 of Hindu Marriage Act, before the Court of learned Principal Judge, Family Court, Godda for restitution of conjugal rights, which gave rise to the Original Suit No. 111 of 2018, however the complainant has not returned to her matrimonial home. He further submits that the petitioner is ready and willing to keep the opposite party no.2 as his wife, however the opposite party no.2 is not ready and willing to reside with the petitioner. The petitioner has got one another case pending against him, in which he is on bail. 6. Per contra, the learned counsel appearing on behalf of the opposite party no.2, while opposing to anticipatory bail of the petitioner, would submit that the petitioner and his family members used to torture the complainant for dowry and ousted her from her matrimonial home for non-fulfillment of demand of dowry. Patna High Court CR. MISC. No.21724 of 2026(5) dt.20-08-2026 4/5
7. The learned APP for the State also opposes the prayer for bail of the petitioner and submits that the petitioner has got one criminal antecedent pending against him. 8.
Having heard the rival submissions and after going through the records as well as after having interacted with the complainant and the petitioner, in presence of the father of the opposite party no.2, this Court finds that the opposite party no.2 does not want to live with the petitioner. She wants full and final settlement in one go and despite best effort made by this Court to settle the dispute, the complainant is rigid on her exorbitant demand for settling the case and even not ready to go with the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six 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 the learned A.C.J.M.-XIII, Bhagalpur in connection with Complaint Case No. 441 of 2018, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition: (i) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal
Patna High Court CR. MISC. No.21724 of 2026(5) dt.20-08-2026 5/5 antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. AjayMishra/- (Ritesh Kumar, J) U T