Shambhu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88302 of 2025
                    Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA P.S. District- Lakhisarai
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                 Shambhu Kumar son of Bhuneshwar Ram Village - Mahadeb Nagar, P.S.-
                 Adarsh Sheikhpura, District- Sheikhpura

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Khushbu Kumari Wife of Shambhu Kumar Resident of village- Jay Nagar,
                 Bari Kabaiya, ward no. 32, Ps- kabaiya, Dist- Lakhisarai

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar, Advocate
                 For the State            :        Mr. Jitendra Kumar Singh, APP
                 For the O.P. No.2        :        Mr. Binay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   09-01-2026                    Heard Mr. Rajesh Kumar, learned counsel for the

                   petitioner, Mr. Jitendra Kumar, learned A.P.P. for the State and

                   Mr. Binay Kumar, learned counsel for the opposite party no. 2.

                                 2. The petitioner is apprehending his arrest in

                   connection with Lakhisarai Mahila P.S. Case No. 19 of 2025,

                   F.I.R. dated 24.03.2025 for the offences punishable under

                   Sections 85/352/3(5) of the B.N.S. and u/s ¾ of the Dowry

                   Prohibition Act.

                                 3. According to prosecution case, the petitioner and

                   the co-accused persons are alleged to have tortured the

                   informant mentally and physically due to non-fulfillment of

                   demand of Rs. 5,00,000/- as dowry.
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                        4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          From perusal of the F.I.R., it appears that date of occurrence as

          alleged in the F.I.R. is 02.01.2025 but the F.I.R. was lodged on

          24.03.2025. He further submits that the marriage was

          solemnized on 05.12.2019 and as per allegation in the F.I.R.,

          petitioner has demanded dowry after ten day of marriage but the

          present F.I.R. was instituted on 24.03.2025 after more than five

          and half years. Apart from the aforesaid, petitioner is ready to

          keep the opposite party no. 2 as wife with full honour and

          dignity and he is ready to bring back the opposite party no.2

          within a period of ten days.

                        5. Learned counsel for the opposite party no. 2

          submits that the opposite party no. 2 is ready to live with the

          petitioner.

                        6. Learned Additional Public Prosecutor has opposed

          the prayer for bail of the petitioner.

                        7. Considering the aforesaid facts and circumstances

          of the case also petitioner has clean antecedent, let the
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          petitioner, above named, in the event of his arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, 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 the learned S.D.J.M.,

          Lakhisarai in connection with Lakhisarai Mahila P.S. Case No.

          19 of 2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/Section 482(2) of

          BNSS, 2023 and with other following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T