Patna High Court – Orders
Ajay Tripathi @ Ajay Tripathy vs The State Of Bihar on 1 July, 2026
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83571 of 2025
Arising Out of PS. Case No.-819 Year-2023 Thana- KATIHAR NAGAR District- Katihar
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Ajay Tripathi @ Ajay Tripathy S/o Late Rajendra Tripathi @ Rajindra
Tripathi @ Rajendra Tripathy R/o Village - Amarut, P.O - Amarut, P.S -
Bahera, District - Gaya, Also resides at Village - Chulharbigha, P.S - Bela,
District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Poonam Kumari W/o Ajay Tripathi @ Ajay Tripathy D/o Krishnanand Jha,
R/o - Naya Tola, Ward No. 34, Near - Ramkanthu Madhya Vidyalaya, P.S -
Nagar Katihar, District - Katihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 01-07-2026
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Katihar Town P.S. Case No. 819 of 2023, registered for
offences under Sections 498(A), 406, 120(B), 354 & 34 of the
I.P.C. read with Section 3/4 of the D.P. Act.
3. As per the prosecution case, the petitioner is the
husband of the victim. The victim (O.P. No. 2) has filed this
case for demand of dowry and torture.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
Learned counsel submits that the parties have a child, who is
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staying with the O.P. No. 2, i.e. the wife of the petitioner. The
petitioner bears clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application for grant of anticipatory bail is
allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Katihar Town P.S. Case No. 819 of 2023,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S. with further conditions that:
(i). The petitioner is directed to pay a
maintenance amount of Rs.7,000/- from the
month of July 2026 to the
complainant/informant. The maintenance for the
month of July 2026 shall be paid to the
complainant/informant within ten days from
Patna High Court CR. MISC. No.83571 of 2025(6) dt.01-07-2026
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shall be paid to the complainant/informant
every month before the 10th day of each month,
failing which the bail bonds of the petitioner
shall automatically be cancelled by the court
below.
8. The petitioner is avoiding his appearance in the
Maintenance Case No. 309 of 2023 which is pending in the
court of learned Principal Judge, Family Court, Katihar.
9. The petitioner is directed to appear before the
learned Principal Judge, Family Court, Katihar on 06.07.2026
and on that date, the learned Principal Judge, Family Court,
Katihar will fix a date in the maintenance case and proceed with
the case on day to day basis and conclude the same at the
earliest, preferably within a period of three months.
10. The learned Principal Judge, Family Court,
Katihar will proceed ex-parte against the non-cooperating party.
The maintenance amount of Rs. 7,000/- shall be subject to the
outcome of any maintenance order passed by the learned
Principal Judge, Family Court, Katihar.
11. Needless to state that, if the petitioner fails to
abide by the terms and conditions, as stated hereinabove, the
State shall be at liberty to file an appropriate application before
the learned concerned court below for cancellation of bail
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granted to the petitioner.
12. Let a copy of this order be communicated to the
learned Principal District & Sessions Judge, Katihar through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
sadique/-
U T
