Abhay @ Abhay KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6389 of 2026
                     Arising Out of PS. Case No.-2862 Year-2017 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
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                 Abhay @ Abhay Kumar S/o Chandu Singh R/o Village- Mathurapur, P.S.-
                 Bidupur, District- Vaishali

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Shanti Devi W/o Late Awadhesh Singh Resident of Village- Kariho Bhorha,
                 P.S.- Mahua, District- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Brahmaputra Singh Ishu
                                                Ms.Poonam Kumari
                 For the State          :       Mr.Amitesh Kumar
                 For the O. P. No. 2    :       NONE
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-05-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   Despite valid service of notice, no one appears on behalf

                            of the Opposite Party No. 2.

                       3.   This application, for grant of anticipatory bail, arises out

                            of Complaint Case No. 2862 of 2017, in which

                            cognizance has been taken for the offences punishable

                            under Sections 498A/34 of the Indian Penal Code and

                            Section 4 of the Dowry Prohibition Act.

                       4.   The prosecution case, as per the complaint filed by Shanti

                            Devi, mother of the wife of the petitioner, is that the
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                   marriage of the petitioner was solemnized with her

                   daughter on 04.06.2013 and after marriage, the accused

                   persons, including the petitioner, started demanding Rs.

                   5,00,000/- in cash, one motorcycle and a gold chain by

                   way of dowry and due to non-fulfillment of the said

                   demand, the daughter of the complainant was tortured,

                   both mentally as well as physically.

              5.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence

                   in the manner alleged. He further submits that the

                   daughter of the complainant does not want to live with the

                   petitioner and she has an affair with some other person.

                   He further submits that the complainant’s daughter has

                   filed a case for domestic violence before the Saket Court,

                   at Delhi, bearing C.T. Case No. 23 of 2018 and he is

                   paying a monthly maintenance of Rs. 2,000/- to the

                   complainant’s daughter as per the direction of the Saket

                   Court. He further submits that the wife of the petitioner

                   has not filed the complaint for allege demand of dowry;

                   rather her mother has filed the present complaint against

                   the petitioner and others.

              6.   Regards being had to the submissions advanced on behalf
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                               of the parties and taking into consideration the fact that

                               the petitioner is paying maintenance of Rs. 2,000/- as

                               directed by the Saket Court, at Delhi, the present case has

                               been filed by the mother-in-law of the petitioner and

                               despite valid service of notice, the Opposite Party No. 2

                               has chose not to appear before this Court, I am inclined to

                               grant the petitioner privilege of anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8.   Let the petitioner, above named, in the event of his arrest

                               or surrender before the Court below within a period of

                               four weeks from today, be released on bail on furnishing

                               bail bond of Rs. 10,000/- (ten thousand) with two sureties

                               of the like amount each to the satisfaction of learned Sub

                               Divisional Judicial Magistrate, Vaishali, at Hajipur, in

                               connection with Complaint Case No. 2862 of 2017,

                               subject to the condition laid down under Section 438 (2)

                               of the Code of Criminal Procedure.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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