Rakesh Kumar SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.559 of 2026
                  Arising Out of PS. Case No.-2593 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Rakesh Kumar Sah, S/o Late Ramnath Sah, R/o vill - Chakbara Bakhari, P.S.-
                 Pipra, Distt.- East Champaran, Motihari, at present address Fatashi, MB
                 Road, Guhati-9, P.S- Bharlumukh, Kamrup Asam
                                                                         ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Sumitra Devi, W/o Rakesh Kumar Sah, D/o Rajesh Sah, R/o vill - Amaw,
                  P.s.- Banjariya, Distt.- East- Champaran, Motihari.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Rajesh Kumar, Advocate.
                 For the State           :     Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Complaint Case No. 2593 of 2023 dated

                   15.09.2023 filed for the offences punishable under Sections 406,

                   324, 504, 498A and 323/379 of the Indian Penal Code.

                                 3. As per allegation, marriage between the petitioner

                   and the Complainant/wife was solemnized in the year 2015 and

                   she was treated well for five years but in the year 2020, the

                   petitioner/husband has developed illicit relationship with

                   another lady living in the same building and on protest by her,

                   she was subjected to cruelty. However, she is ready to live with

                   her husband/petitioner if she would be treated well.
Patna High Court CR. MISC. No.559 of 2026(2) dt.28-01-2026
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                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. He further submits that as a matter of fact, there is some

          misunderstanding on account of suspicion and, hence, the

          matrimonial life is running into rough weather. However, the

          petitioner is willing to keep his wife along with his three

          children who are living with his wife at her Maike.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned concerned court below in connection with Complaint
            Patna High Court CR. MISC. No.559 of 2026(2) dt.28-01-2026
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                      Case No. 2593 of 2023 subject to the conditions as laid down

                      under Section 482 (2) of the B.N.S.S                2023,   and on the

                      following conditions:

                                   (i) In case, it is brought to the notice of the court

                      below that the petitioner has any criminal antecedent, learned

                      court below shall cancel the bail bonds of the petitioner after

                      hearing him and getting satisfied that the petitioner has

                      concealed his criminal antecedents despite his knowledge of the

                      same.

                                   (ii) In case, it is brought to the notice of the court

                      below that statement regarding previous bail petition is wrong,

                      learned court below shall cancel the bail bonds of the petitioner.

                                   9. However, the parties are directed to take social

                      initiative to get the matter settled and in case, the matter is not

                      settled, the Complainant/wife has liberty to file matrimonial

                      petition under Section 9 of the Hindu Marriage Act for

                      restitution of conjugal rights as well as maintenance and custody

                      of child.


                                                                  (Jitendra Kumar, J)
S.Ali/-
U       T