Santosh Kumar @ Santosh Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24894 of 2025

Arising Out of PS. Case No.-1751 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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Santosh Kumar @ Santosh Singh S/O Late Rajendra Singh R/O VillageChailaha, Tola Ratanpur, P.S- Banjariya, District- East Champaran.

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... ... Petitioner

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Versus

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The State of Bihar

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Puja Devi D/O Late Ashok Singh R/O Tikuliya, P.S- Pipra, Distt.- East Champaran.

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s : Asha Devi, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 09-10-2025

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Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag ‘M’).

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Heard learned counsel for the petitioner, the State and the opposite party no.2.

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The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 115, 316, 303, 85, 83, 352, 351, 123/34 of the Bharatiya Nyaya Sanhita, 2023.

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Prosecution case in brief is that opposite party no.2 was married with the petitioner in 2016. After marriage, this petitioner along with other accused persons started demanding Rs. 20 lacs as dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted opposite party no.2 from her matrimonial house.

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Patna High Court CR. MISC. No.24894 of 2025(4) dt.09-10-2025 2/3

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Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

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Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents’ house. It is further submitted that she has no means of livelihood and is on the verge of starvation.

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In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged 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 Chief Judicial Magistrate, Motihari, East Champaran in Complaint Case No. 1751C/2024 (Trial No. 649 of 2024), subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as on the following conditions:-

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(i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account

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Patna High Court CR. MISC. No.24894 of 2025(4) dt.09-10-2025 3/3

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number for its communication to the petitioner.

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(ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.

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(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond.

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(iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Santosh Kumar @ Santosh Singh v. The State of Bihar

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Santosh Kumar @ Santosh Singh v. The State of Bihar

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