Akhlesh Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Akhlesh Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest or surrender within four weeks, release on bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada, subject to Section 438(2) Cr.P.C./482(2) BNSS 2023 conditions, coupled with a direction to pay Rs. 2,000 per month interim maintenance to opposite party no. 2 (informant), subject to adjustment against any maintenance granted by another court.

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 31 of 2024 (a matrimonial-dispute complaint registered for offences under Sections 147, 148, 149, 498(A), 494, 406, 120(B) IPC and Sections 3/4 of the D.P. Act), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of the petitioner's arrest or surrender within four weeks before the learned court below, he shall be released on anticipatory bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Nawada, in connection with Complaint Case No. 31 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C. / 482(2) BNSS, 2023.

Ratio / Principle

The petitioner is directed to pay Rs. 2,000 per month as interim maintenance to opposite party no. 2 (the informant); the interim maintenance granted by the Court shall be subject to adjustment if any other court grants maintenance to opposite party no. 2.

Detailed headnote1 paragraphs

Anticipatory bail - matrimonial dispute - Petition under CR. MISC. No.12591 of 2025 by husband apprehending arrest in Complaint Case No. 31 of 2024, P.S. Nawadah, District Nawada (Sections 147, 148, 149, 498(A), 494, 406, 120(B) IPC and Sections 3/4 D.P. Act) - mediation before Patna High Court Mediation and Conciliation Centre (referred vide order dated 02.07.2025) having failed, and petitioner offering interim maintenance - Held: petitioner to be released on anticipatory bail if arrested or surrendered within four weeks, on bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada, subject to conditions under Section 438(2) Cr.P.C./482(2) BNSS, 2023 - petitioner further directed to pay Rs. 2,000 per month interim maintenance to opposite party no. 2 (informant), adjustable against any maintenance granted by another court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12591 of 2025

Arising Out of PS. Case No.-31 Year-2024 Thana- NAWADAH COMPLAINT CASE District- Nawada

====================================================== Akhlesh Prasad S/O Pramod Mahto Resident of Village- Rajabigha, P.S- Roh, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar

Sunita Devi W/O Akhilesh Yadav R/O Village- Raja Bigha, P.S- Roh, Distt.Nawada, Presently residing with her father namely Mahendra Mahto, resident of Village- Kumhrawan, P.S- Roh, Distt.- Nawada.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Rajesh Ranjan Kumar For the State : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

10 08-12-2025

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 31 of 2024, registered for the offence punishable under Section 147, 148, 149, 498(A), 494 406 and 120(B) of the IPC and Section 3/4 of the D.P. Act.

It is a case of matrimonial dispute.

Vide order dated 02.07.2025, the matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator shows that the matter could not be resolved between the parties and therefore, the mediation failed.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.12591 of 2025(10) dt.08-12-2025 2/2

the present case. The petitioner is a person of clean antecedent. He has submitted further that the petitioner is ready to pay Rs. 2,000/per month as interim maintenance to opposite party no. 2.

Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is ready to pay Rs. 2,000/- per month as interim maintenance to opposite party no. 2, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Complaint Case No. 31 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of BNSS, 2023.

The petitioner is directed to pay Rs. 2,000/- per month as interim maintenance to opposite party no. 2 (the informant). The interim maintenance granted by this Court shall be subject to adjustment, if any other court grants maintenance to the opposite party no. 2.

(Nawneet Kumar Pandey, J)

priyanka/-

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