Mukesh Kumar @ Mukesh ChaurasiyaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85326 of 2025
                    Arising Out of PS. Case No.-636 Year-2023 Thana- NAWADAH COMPLAINT CASE
                                                     District- Nawada
                 ======================================================
                 Mukesh Kumar @ Mukesh Chaurasiya S/o Subelal Chaursiya Resident of
                 Village- Bela, P.S.- Halsi, District- Lakhisarai, Bihar

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Nikki Kumari W/o Mukesh Kumar @ Mukesh Chaurasiya, D/o Ravindra
                 Kumar At present residing at village- Sathe, P.S.- Roh, District- Nawada,
                 Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Vivek Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr.Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   12-02-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the complaint, is

                   apprehending his arrest in connection with Nawada Complaint

                   Case No. 636 of 2023 registered for the offences punishable

                   under Sections 498a of the Indian Penal Code and Section 4

                   of the Dowry Prohibition Act.

                             3. The allegation against the petitioner is to commit

                   mental and physical cruelty upon the complainant due to non-

                   fulfillment of demand of dowry as raised for a cash of Rs. Five

                   Lakhs.
Patna High Court CR. MISC. No.85326 of 2025(3) dt.12-02-2026
                                            2/3




                   4. Learned counsel appearing on behalf of the

          petitioner submitted that allegation qua demand of dowry is

          appearing very much general and omnibus against the

          petitioner. It is submitted that even the complaint petition not

          appears supported by affidavit and, therefore, allegation

          raised in the complaint petition not appears convincing in

          terms of legal report of Hon’ble Supreme Court as available

          through Priyanka Srivastava Vs. State of Uttar Pradesh

          [2015 (6) SCC 287]. Petitioner claimed clean antecedent.

                   5. Learned A.P.P. for the State duly assisted by

          learned counsel appearing for the complainant, while

          opposing the prayer for anticipatory bail of the petitioner,

          submitted that petitioner has solemnized second marriage

          subsisting his first marriage with the complainant. It is

          submitted that despite of the order of maintenance court,

          petitioner is not paying anything to the complainant and her

          minor son as to save them from destitution.

                   6. Taking contrary to the aforesaid submission, it is

          submitted by learned counsel for the petitioner that

          complainant is free to press execution petition before the
           Patna High Court CR. MISC. No.85326 of 2025(3) dt.12-02-2026
                                                       3/3




                     learned family court itself, if any such order in her favour.

                              7. In view of the aforesaid factual submissions and by

                     taking note of the fact as allegation qua committing mental

                     and physical assault upon the complainant appears very much

                     general and omnibus in nature, coupled with the fact that

                     complaint not prime facie appears supported through

                     affidavit, as discussed aforesaid, 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 S.D.J.M., Nawada /concerned court in

                     connection with Complaint Case No. 636 of 2023, 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