PATNA HIGH COURT
Shankar Sah
Cr.Misc.-85102/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85102 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- MAHILA P.S. District- Madhubani ======================================================
Shankar Sah S/O Late Uttim Sah R/O Village- Balat, P.S- Rahika, District-
Madhubani.
... ... Petitioner/s Versus
1. The State of Bihar
2. Ranju Devi W/O Shankar Sah R/O Village- Balat, P.S- Rahika, Distt.-
Madhubani.
... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash For the Opposite Party/s : Mr.Suman Kumari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 126(2), 115(2), 85, 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita and Section ¾ of Dowry Prohibition Act.
3. As per the prosecution case, the informant’s marriage with the petitioner was solemnized in the year 2011 according to Hindu rites and customs. It is alleged that the petitioner and his family members began pressuring the informant for additional dowry, and upon the alleged non-fulfilment of this demand, she was assaulted, abused, and subsequently driven out of her matrimonial home.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that marriage of petitioner was solemnized in the year 2011 and the FIR has been lodged in the year 2025 i.e. after laps of 14 years and during this period, no any complaint has been made regarding demand of dowry and torture. From perusal of FIR, it appears that there is no specific allegation against the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. It is further submitted by learned counsel for the petitioner that petitioner ready to maintain his wife and children, who are living with the informant and for this he is ready to pay Rs. 4,000/- (four thousand rupees)
per month as interim maintenance to the informant.
6. Informant is directed to provide her bank account details to the petitioner as early as possible.
7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Mahila P.S. Case no. 21 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
8. The petitioner is directed to make payment of Rs. 4,000/- ( Four thousand rupees) per month to the informant by depositing the same in her bank account commencing from the month of February, 2026. 9. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of first installments Rs. 4,000/- (five thousand rupees) by the petitioner in the account of the informant.
10. The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.
(S. B. Pd. Singh, J)
Nirajkrs/- U T
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