Awnit KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31794 of 2026
                    Arising Out of PS. Case No.-64 Year-2025 Thana- MAHILA P.S. District- Madhubani
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           1.     Awnit Kumar, son of Ajay Kumar, Resident of Village -Naya Tola Sad
                  Bahwana Nagar, Ps- Muzaffarpur (Sadar) Dist- Muzaffrarpur
           2.    Ajay Kumar, Son of Rameshwar Prasad, Resident of Village -Naya Tola Sad
                 Bahwana Nagar, Ps- Muzaffarpur (Sadar) Dist- Muzaffrarpur
                                                                         ... ... Petitioner/s

                                                       Versus

           1.    The State of Bihar
           2.     Kiran Devi, Wife of Om Prakash Sah, Resident of Village - Mahila college
                  road, Ward no. 23, Ps- Madhubani Town, Dist- Madhubani
                                                                    ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Dhaneshwar Prasad Gupta, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
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                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection with

                   Madhubani Mahila P.S. Case No. 64 of 2025 dated 01.12.2025

                   instituted for the offence punishable under Sections 318(4), 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry

                   Prohibition Act.

                                3. The prosecution case, in short, is that the marriage of

                   the informant's daughter was fixed with Vivek Kumar, who is son

                   of petitioner no. 2. On 05.06.2025, the ring ceremony was

                   performed. Thereafter, the petitioners and his family members

                   demanded ten lakh rupees, 10 Tola gold & a Brezza car as dowry
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          and thereafter they will fix the date of marriage.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and they have been falsely implicated in

          this case. It is further submitted that petitioner no. 1 is the younger

          brother of the main accused, namely Vivek Kumar and petitioner

          no. 2 is the father of the said Vivek Kumar. The petitioners never

          refused to fix the date of marriage, rather, it was the informant's

          daughter, Priyanka Kumari @ Varsha, who during telephonic

          conversation with Vivek Kumar, stated that she was not at all

          interested in marrying with him as she is involved with her

          colleague working in the same company, namely, Reliance Jio

          Centre, Madhubani. The allegation for refusal of marriage is not

          only on part of the petitioners rather the said refusal has been

          made by the girl. The petitioners never demanded any dowry for

          solemnizing the said marriage. Lastly, it has been submitted that

          the petitioners have no criminal antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, in the

          event of arrest / surrender of the petitioners within a period of six

          weeks from today, in connection with Madhubani Mahila P.S.

          Case No. 64 of 2025, they will be released on bail upon furnishing
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                     bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of

                     the like amount each to the satisfaction of learned S.D.J.M.,

                     Madhubani subject to condition as laid down under Section 482(2)

                     of the B.N.S.S.


                                                                  (Khatim Reza, J)

premchand/-

U      T