PATNA HIGH COURT
Prince Kumar @ Prince Kumar Gupta
Cr.Misc.-68116/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68116 of 2025 Arising out of PS. Case No.-598 Year-2022 Thana- BHOJPUR COMPLAINT CASE District-
Bhojpur ======================================================
Prince Kumar @ Prince Kumar Gupta, S/o Om Prakash Gupta, Resident of Village - Kachnath, P.S.- Piro, District- Bhojpur.
... ... Petitioner/s Versus
1. The State of Bihar
2. Kumkum Devi W/o Prince Kumar @ Prince Kumar Gupta D/o Rajesh Sah, R/o Village - Barni, P.S - Charpokhari, District - Bhojpur ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Ms. Smiti Bharti, Advocate Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s: Mr. Ahmad Ali, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER
4 17-01-2026 Heard learned counsel for the petitioner and learned APP for the State. Despite issuance of notice to the Opposite Party No. 2 and the notice having been received by the Opposite Party No. 2 personally she has chosen not to appear in the present case.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection tion 498(A)/34 IPC.
3. The allegation in the complaint is that of subjecting the complainant (Opposite Party No. 2) to cruelty on account of demand of dowry.
4. Learned counsel for the petitioner submits that the allegations made in the complaint are absolutely false and as a matter of fact the petitioner is ready to keep his wife with full of dignity and honour as specifically stated in paragraph 7 of the petition and even filed a case under Section 9 of the Hindu Mar- riage Act, 1955 for restitution of conjugal right which is also pending adjudication rather the Opposite Party No. 2 who is not desirous of conjugal relationship.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the facts and circum-
stances of the case and considering the fact fact that petitioner is the husband of the complainant who is ready to keep his wife with full of dignity and honour and there is no chance of ab- sconding or tampering of evidence and no requirement for cus- todial interrogation, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in con- bail bond 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, Bhojpur at Ara, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that he shall co-operate in inves-
tigation/trial.
(Soni Shrivastava, J)
Vikash/- U T
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