Prakash NoniyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38196 of 2026
                 Arising Out of PS. Case No.-422 Year-2024 Thana- COMPLAINT CASE District- Lakhisarai
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                 Prakash Noniya S/o Late Banarsi Noniya R/o Village- Sawan Khairma, P.S.-
                 Tetarhat, District- Lakhisarai

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Renu Kumari W/o Prakash Noniya, D/o Jugeshwar Noniya R/o Jhulauna,
                 P.O.- Mahisona, P.s.- Ramgarh, Distt.-Lakhisarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Shadab Alam Wazdi
                 For the Opposite Party/s :       Mr. Bishweshwar Ram
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                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Complaint Case No. 422C of 2024 registered for offences under

                   Sections 115(2), 118(1), 126(2), 303(2), 74, 85 and 190 of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections ¾ of the DP Act.

                                3. As per the prosecution case, the petitioner is

                   accused of torturing and assaulting the victim due to non-

                   fulfillment of demand of dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   It is further submitted that the petitioner is ready to keep his
            Patna High Court CR. MISC. No.38196 of 2026(2) dt.16-06-2026
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                      wife with full honour and dignity.

                                    5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                    6. Having considered the facts and circumstances of

                      the case and the submissions of learned counsel for the

                      petitioner, this application is disposed of with liberty to the

                      petitioner to move an application for bail before the learned

                      Magistrate concerned. If such application is filed along with an

                      undertaking that the petitioner is willing to keep his wife with

                      full dignity and honour, the learned Magistrate shall consider

                      and dispose of the same in accordance with law after hearing the

                      petitioner.

                                    7. In the event the wife/complainant declines to reside

                      with the petitioner, the learned Magistrate shall consider the

                      case of the petitioner for grant of bail in accordance with law.

                      However, if the wife agrees to reside with the petitioner, the

                      learned Magistrate shall pass appropriate orders keeping in view

                      the statements/undertakings of the parties.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T