The court recognizes circumstances for anticipatory bail in matrimonial disputes involving allegations of dowry and assault.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 16-12-2025 Heard learned counsel for both the parties.

2. The petitioner has preferred this application for grant of anticipatory bail in connection with Complaint Case No. 211 of 2023 registered for the offences punishable under Sections 323 , 341, 498A of the Indian Penal Code .

3. It is a case of matrimonial dispute between the parties. Petitioner – Santosh Safi is husband of opposite party no. 2 – Soni Devi (complainant). Allegation against the petitioner and other co-accused persons is of torturing, assaulting and ousting the informant from her matrimonial house due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. Petitioner has neither assaulted nor tortured the complainant in any way. He has never made any type of dowry demand from the complainant. It is further submitted that complainant herself is not willing to live with the petitioner whereas children are living with him. It is also submitted that earlier, Maintenance Case No. 187 of 2023 has been filed by the complainant and a divorce case on 04.06.2023 has been filed by the petitioner and the same is pending.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts, let the petitioner, above named, be released on anticipatory bail, after verifying all the above facts, in the event of arrest or surrender within a period of four weeks from the date of receipt/production a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Complaint Case No. 211 of 2023 subject to the conditions as laid down under Section

482 of BNSS .

7. Petitioner is also directed to file an affidavit at the time of filing bail bond regarding all the above stated facts.

(S. B. Pd. Singh, J)