Manoj Shankar GandhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36740 of 2026
                 Arising Out of PS. Case No.-3141 Year-2015 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Manoj Shankar Gandhi S/o Nagendra Prasad Yadav R/O Village-Asiyachak,
                 Sultanganj, P.S-Sultanganj, District-Bhagalpur, Presently posted as DGM,
                 Bihta Airport Project, Patna.
                                                                             ... ... Petitioner
                                                    Versus
           1.     The State of Bihar
           2.     Hema Kumari D/o Late Balram Prasad Yadav R/o Sultanganj, P.S.-
                  Sultanganj, at present residing at West Patel Path, Ganga Path, P.S.- Shastri
                  Nagar, District- Patna.
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sujeet Kumr Sinha, Advocate
                 For the Opposite Party/s :     Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the complaint

                   petition, is apprehending his arrest in connection with

                   Complaint Case No. 3141(C) of 2015 registered for the offences

                   punishable under Sections 498A of the Indian Penal

                   Code/Section 85 of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’).

                             3. The allegation against the petitioner through

                   complaint is to commit mental and physical cruelty upon

                   complainant (wife) alongwith other family members, when she

                   opposed the extra-marital affairs of the petitioner.
Patna High Court CR. MISC. No.36740 of 2026(2) dt.17-06-2026
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                   4. Learned counsel appearing on behalf of the petitioner

          submitted that the present complaint case was filed in the year

          2015 after four years almost of filing of divorce petition by the

          complainant in the year 2011.

                   5. It is further submitted that the marriage between the

          parties stands dissolved by judgment dated 20th February, 2018

          as passed in Matrimonial Case No. 423 of 2011 by the court of

          learned Principal Judge, Family Court, Patna. It is pointed out

          that in the said judgment, it is categorically mentioned in

          paragraph ‘11’ that complainant is living separately with

          petitioner since 08.05.2008 and, therefore, lodging present

          complaint petition in the year 2015 is of no relevance and same

          was lodged only with harassing attitude. It is also pointed out

          that the complainant withdrawing regularly the maintenance

          amount of Rs. 5000/- from petitioner since 2011, which is still

          pending before the court.

                   6. Learned A.P.P. for the State, while opposing the

          prayer of anticipatory bail, could not disputed the aforesaid

          factual submissions as advanced by learned counsel for the

          petitioner.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as admittedly the complainant is living
           Patna High Court CR. MISC. No.36740 of 2026(2) dt.17-06-2026
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                     separately with petitioner since 08.05.2008, after filing of

                     divorce petition, therefore, lodging of complaint case in the year

                     2015 is prima facie creating a doubt qua version of complaint,

                     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 A.C.J.M.-II,

                     Patna/concerned court in connection with Complaint Case No.

                     3141(C) of 2015, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T