The court acknowledges matrimonial disputes and grants anticipatory bail subject to conditions in the interest of justice.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 21-01-2026 Heard the learned Advocate for the petitioner, learned Advocate for the informant and the learned Additional Public Prosecutor for the State.

2. The petitioner happens to be husband of the O.P.

No. 2 apprehends his arrest in connection with Madhubani Mahila P.S. Case No. 39 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 85, 82(1), 303(2) and 3(5) of the B.N.S and Sections 3 and 4 of the Dowry Prohibition Act .

3. Considering the nature of the dispute, as has arisen on account of a matrimonial discord, the matter was referred to the Patna High Court Mediation and Reconciliation Centre. However, the dispute could not be resolved and this matter has been listed before this Court again.

4. Learned Advocate for the petitioner submitted that prior to the institution of the present FIR, the petitioner had filed a Matrimonial Case No. 171 of 2023, under Section 9 of the Hindu Marriage Act for restitution of conjugal right and, as such, his bona fide was writ large, that he wanted to continue with the marriage but on the instigation made by some unscrupulous family members, the FIR has been instituted. It has also been apprised to this Court that one maintenance case has also been filed by the O.P. No. 2, and in pursuant to the direction of the Family Court, the petitioner has been paying interim maintenance to the tune of Rs. 3,000/- per month.

5. On the other hand, learned Advocate for the State and the informant while opposing the prayer for bail has submitted that the petitioner has already solemnized another marriage and this is the reason that O.P. No. 2 refused to reside with the petitioner. This fact cannot be denied that the couple blessed with two children and both the children are living with the O.P. No. 2, but because of any financial assistance, she is facing extreme hardship in nurturing her children.

6. At this juncture, learned Advocate for the petitioner shown his bona fide and on request of this Court submits that he will also ensure payment of Rs. 2,000/-, besides interim maintenance, in the name of the children.

7. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the materials discussed hereinabove, this Court is acceded to the prayer for anticipatory bail of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Madhubani in connection with Madhubani Mahila P.S. Case No. 39 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita , 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

8. It is made clear that the petitioner shall ensure payment of Rs. 3,000/- + Rs. 2,000/- in the bank account of the O.P. No. 2 in the last week of every month, till any final order is passed by the Family Court in the maintenance case.

9. It is expected that the petitioner shall stand on the undertaking given before this Court, failing which appropriate order shall be passed.

(Harish Kumar, J)