Bimal Kumar JhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35524 of 2025
                     Arising Out of PS. Case No.-4 Year-2024 Thana- MAHILA P.S. District- Madhepura
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                 Bimal Kumar Jha S/O Late Bhudeo Jha R/O Village- Vishanpur (Parva Navtal
                 Panchayat), P.S- Murliganj, Distt.- Madhepura, at present resident of Village-
                 Murliganj, Ward No.-13, P.S- Murliganj, Distt.- Madhepura.
                                                                               ... ... Petitioner
                                                     Versus
           1.     The State of Bihar
           2.     Champa Kumari W/O Bimal Kumar Jha, D/O Gajendra Khan R/O Village-
                  Bargayan Ward No. 3, P.S- Basnahi, Distt.- Saharsa.
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Uday Chand Prasad, Advocate
                 For the Opposite Party/s :        Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   04-02-2026               Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2. The accused-petitioner, named in the

                   F.I.R., is apprehending his arrest in connection with

                   Madhepura Mahila P.S. Case No. 04 of 2024

                   registered         for     the      offences         punishable           under

                   Sections 341, 323, 498A, 504, 506, 34 of the Indian

                   Penal Code and Section ¾ of the Dowry Prohibition

                   Act.

                             3. The allegation against the petitioner is to

                   commit mental and physical cruelty upon the

                   informant due to non-fulfillment of demand of

                   dowry as raised for one bullet motorcycle and cash
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          of Rs. Two Lakhs.

                   4. Learned counsel appearing on behalf of

          the petitioner submitted that allegation qua mental

          and      physical         cruelty        as     raised     against    the

          petitioner is very much general and omnibus in

          nature. It is submitted that only to aggravate the

          allegation petitioner was alleged to advance threat

          for solemnizing second marriage. It is further

          submitted that as per FIR, last occurrence took

          place on 10.12.2023 but same was lodged on

          07.02.2024, almost after two months without

          having any just explanation. Petitioner claimed

          clean antecedent.

                   5.     Learned         A.P.P.      for      the   State,    while

          opposing the prayer for anticipatory bail of the

          petitioner, submitted that petitioner forced the

          informant to live her life in destitution and he is

          also not complying the direction of learned Family

          Court, Madhepura as passed for an ad-interim

          maintenance, where learned Family Court granted

          interim monthly maintenance of Rs. 7000/- per

          month to the informant, however, learned A.P.P.
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          fairly conceded that separate execution petition

          was preferred by the informant for execution of

          aforesaid order before the learned Family Court

          itself.

                    6. In view of aforesaid factual submission

          and by taking note of the fact as allegation qua

          mental and physical cruelty upon the informant as

          alleged        to     be     committed               by   the    petitioner

          appearing very much general and omnibus in

          nature, coupled with the fact that FIR was also

          lodged        with      a    delay       of    about       two     months,

          accordingly, above-named petitioner, in the event

          of his arrest/surrender within a period of four

          weeks from this order, is directed to be enlarged

          on bail on furnishing of bail bond of Rs.10,000/-

          (ten thousand only) with two sureties of the like

          amount each to the satisfaction of learned Sub-

          Divisional                        Judicial                      Magistrate,

          Madhepura/concerned court in connection with

          Madhepura Mahila P.S. Case No. 04 of 2024,

          subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C/Section 482(2) of the
           Patna High Court CR. MISC. No.35524 of 2025(6) dt.04-02-2026
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                     Bhartiya         Nagarik        Suraksha             Sanhita   (in   short

                     “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T