Bishwaraj Kumar @ Gappu @ RahulversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.71590 of 2025
                    Arising Out of PS. Case No.-10 Year-2024 Thana- NALANDA COMPLAINT CASE
                                                    District- Nalanda
                 ======================================================
                 Bishwaraj Kumar @ Gappu @ Rahul S/O Late Kedarnath R/o Mohallah-
                 Kashyakar Bhawan, Baksha Gali, Main Road, P.S.- Jehanabad Town, Dist.-
                 Jehanabad (Bihar)

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Puja Kumari W/O Bishwaraj Kumar @ Gappu @ Rahul, D/O Late Ashok
                 Prasad R/o Mohallah- Kashyakar Bhawan, Baksha Gali, Main Road, P.S.-
                 Jehanabad Town, Dist.- Jehanabad At Present R/O Mohallah- Mathuriya,
                 Near Khari Kuan, P.s.- Laheri, Dist.- Nalanda (Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Uday Kumar, Advocate
                 For the State           :     Mr. Khurshid Anwar, APP
                 For the Opp. Party No.2 :     Mr. Pankaj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   11-02-2026                 Heard the parties.

                               2. The petitioner, who happens to be the husband of

                   opposite party no.2, is apprehending his arrest in connection

                   with Complaint Case No. 10C of 2024 wherein cognizance has

                   been taken for the offences under Sections 323, 334, 498(A)/34

                   of the Indian Penal Code and Section 3/4 of the Dowry

                   Prohibition Act.

                               3. On the last occasion i.e. on 03.12.2025, considering

                   the nature of dispute, which has arisen on account of

                   matrimonial discord between the husband and wife, the matter
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          was referred to Patna High Court Mediation Centre, however,

          the dispute could not be resolved.

                       4. Learned Advocate for the petitioner submits that

          the marriage of opposite party no.2 was solemnized on

          13.12.2023 and surprisingly the opposite party no.2 alleged that

          the accused persons, including the petitioner, started demanding

          dowry on 14.12.2023. Thereafter, she remained there only for

          ten days and left her matrimonial house; this does not inspire

          confidence over the prosecution case. The petitioner has always

          been ready to keep the opposite party no.2 as his wife, but she

          does not want to reside with the petitioner. In order to show the

          bonafide, the petitioner undertakes that he will pay Rs.3,000/-

          per month to the opposite party, till any order is passed by any

          competent court/family court.

                       5. On the other hand, learned APP for the State and

          the opposite party no.2 oppose the bail application and submit

          that because of torture and demand of dowry, the opposite party

          no.2 has been compelled to leave her matrimonial house.

                       6. Having considered the submissions advanced by

          the learned Advocate for the respective parties and taking note

          of the materials on record, especially the fact that the opposite

          party no.2, spent only ten days in her matrimonial house, let the
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                       petitioner, named above, in the event of his arrest or surrender

                       before the court below within four weeks from the date of

                       receipt/production of a copy of this order, be released on bail on

                       furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Sub-Divisional Judicial Magistrate, Bihar Sharif,

                       Nalanda in connection with Complaint Case No. 10C of 2024,

                       subject to the condition as laid down under Section 482 (2) of

                       the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further

                       condition that one of the bailors shall be the own/close relative

                       of the petitioner.

                                    7. It is expected that the petitioner shall honour his

                       undertaking and ensure payment of Rs.3,000/- (Three thousand)

                       per month to the opposite party no.2, which shall be deposited

                       in the account, duly furnished by her.


                                                   (Harish Kumar, J)
uday/-

U        T