Hma No. 713 of 2023 · Patna High Court

2. The State of Bihar Juhi Tiwari @ Kumari Juhi D/O- Hari Shankar Tiwari Resident of Village- Manik Sarkar chowk, P.S.- Jogsar, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s :

Mr. Dhananjay Kumar Tiwary Mr. Amitesh Kumar- A.P.P. Mr. Swapnil Kumar Singh Dr. Manoj Kumar Mr. Kshem Sharma Ms. Sweety Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 23-07-2025

Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the complainant.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498A and 504/ 34 of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.

The learned counsel for the petitioner submits that the dispute is matrimonial and petitioner, being husband, has been falsely implicated in the instant case with exaggerated Patna High Court CR. MISC. No.18983 of 2025(3) dt.23-07-2025 allegation of demand of dowry. It is next submitted that petitioner is posted with the Indian Air Force. It is also submitted that the relationship in between the petitioner and the opposite party no.2 has soured to an extent where it is not possible to revive the conjugal relationship. It is next submitted petitioner had filed Divorce Case bearing No.HMA/713/2023 in the Court of the learned Principal Judge, Family Court, Gurugram, but then, the divorce case was transferred from Gurugram to the Court of the learned Principal Judge, Family Court, Bhagalpur and the same is pending adjudication. It is further submitted that from the salary of the petitioner, an amount of Rs.24,000/- is being deducted towards maintenance for payment to the opposite party no.2.

Learned A.P.P. and the learned counsel appearing on behalf of the opposite party no.2 are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that divorce case is pending adjudication between the parties and the opposite party no.2 is receiving an amount of Rs.24,000/- per month towards maintenance from the salary of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the Patna High Court CR. MISC. No.18983 of 2025(3) dt.23-07-2025 event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Complaint Case No.1186 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.