Patna High Court
CR. MISC./9120/2026 of Rajesh Mishra @ Rajesh Kumar Mishra Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9120 of 2026 Arising Out of PS. Case No.-2211 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Rajesh Mishra @ Rajesh Kumar Mishra Son of Awadhesh Mishra Resident of
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9120 of 2026
Arising Out of PS. Case No.-2211 Year-2023 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Rajesh Mishra @ Rajesh Kumar Mishra Son of Awadhesh Mishra Resident of Chatorpati PS -Gopalpur Distt -Gopalganj
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
Muskan Kumari Wife of Rajesh Mishra Resident of Village - Bhopatpur, Ps- Kuchaikot, Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Dharmveer, Adv.
For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP
For the complainant
:
Mr. Vijay Prakash Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
17-08-2026 Heard Mr. Dharamveer, learned counsel for the petitioner and Mr. Vijay Prakash Singh representing the complainant.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 2211 of 2023 for the offence registered under sections 498(A), 406 of the IPC.
3. As per the complaint, the marriage took place in the year 2018 and in course of time, the couple was blessed with a female child. At the time of marriage, besides the cash of Rs. 2,51,000/- and the other household items (of Rs. 7,00,000/-), Rs. 13,00,000/- was deposited for flat no. 311, Yashraj Apartment in the district of Vapi, Gujarat. However, the petitioner wanted to Patna High Court CR. MISC. No.9120 of 2026(6) dt.17-08-2026
pay the rest of the seven lakhs and when the family showed their inability to make the said payment, the assault took place. She was threatened of dire consequences, second marriage and ultimately, on 13.09.2023, along with her three year old child, she was thrown out which followed the complaint.
4. The document shows that before the learned Sessions Judge as also before Patna High Court, when the matter came to be heard, the Successive Courts wanted them to mediate. However, it failed.
5. Learned counsel for the petitioner submits that exaggerated complaint is there, no such demand or assault took place and the entire case is false and fabricated.
6. The complainant is represented through the learned counsel and the submission is that in fact, some of the assault has not been incorporated in the present complaint, right from the birth of the female child and due to non-payment of the rest of the installment amount, she was kept under threat all along till she was thrown out of the house and before that, the petitioner regularly assaulted her.
7. Considering the submissions of the parties as also the role the petitioner has played despite being the husband of the complainant and father of a minor child, no relief can be Patna High Court CR. MISC. No.9120 of 2026(6) dt.17-08-2026
granted.
8. The anticipatory bail application stands rejected.
Vijay Singh/- (Rajiv Roy, J) U T