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Patna High Court

Akshay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a monetary undertaking and other conditions, under sections 438(2) Cr.P.C. and 482 B.N.S.S.

Summary

Akshay Kumar, husband of Rubi Kumari, filed a petition fearing arrest in a case registered under IPC sections 323, 341, 504, 506, 498‑A, 34 and Dowry Prohibition Act sections 3 and 4 for alleged torture and dowry harassment. He denied the allegations and offered to pay Rs 3,000 per month as temporary relief to his wife if he is arrested or surrenders within eight weeks. Mediation attempted by the Patna High Court’s Mediation & Conciliation Centre failed. The Court, applying sections 438(2) of the Criminal Procedure Code and 482 of the Bihar Negotiable Securities Act, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions including the monthly payment, filing of an affidavit by the wife, and possible cancellation of bail for non‑payment. The order also clarified that the bail does not prejudice any future matrimonial or maintenance proceedings. The petition was disposed with bail granted.

Issues considered

  • What is the appropriate ground for granting bail to the petitioner under sections 438(2) Cr.P.C. and 482 B.N.S.S. in a case involving alleged dowry harassment?
  • Whether the petitioner’s undertaking to pay a monthly amount to the opposite party can be imposed as a condition of bail.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • Criminal Procedure Code
  • temporary relief
  • mediation failure
  • criminal miscellaneous petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10888 of 2026
                          Arising Out of PS. Case No.-1 Year-2024 Thana- Mahila District- Arwal
                 ======================================================
                 Akshay Kumar S/o Shankar Shaw R/o Village - Nevna, P.S - Karpi, District -
                 Arwal
                                                                        ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Rubi Kumari D/o Shivchandar Shaw R/o Village - Sahartelpa, P.S - Karpi
                  (Sahartelpa O.P), District - Arwal
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ramakant Singh, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Sharma, A.P.P.
                                                   Mr.Pramod Kumar, Adv.for OP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   01-07-2026                     Pursuant to order of this Court, the matter was

                   referred to Mediation & Conciliation Centre of Patna High

                   Court, but the dispute between the parties could not be resolved

                   through the process of mediation and as such, mediation failed.

                                2. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant /

                   opposite party no. 2.

                                3. The petitioner, who is husband of opposite party no.

                   2, apprehends his arrest in a case registered for the offences

                   under Sections 323, 341, 504, 506, 498-A and 34 of the Indian

                   Penal Code and Section 3/4 of the Dowry Prohibition Act.

                                4. Petitioner is alleged to have committed torture and

                   harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.10888 of 2026(4) dt.01-07-2026
                                            2/3




                       5. Learned counsel for the petitioner submits that

          petitioner denies the allegation made in the present petition and

          submits that he never committed torture to opposite party no. 2

          or demanded any dowry. However, the petitioner undertakes to

          give Rs. 3,000/-per month by way of temporary relief/solace,

          starting from this month, to the opposite party no.2.

                       6. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

          relief/solace of Rs. 3,000/- (Rupees three thousand) per month

          to the opposite party no. 2, in the event of arrest/surrender

          within a period of eight weeks from today, let the above-named

          petitioner 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 learned S.D.J.M., Arwal in connection

          with Arwal Mahila P.S. Case No. 01 of 2024, subject to the

          conditions laid down under section 438(2) of the Cr.P.C. / 482 of

          the B.N.S.S. as well as on the following conditions:-

                       “(1) Opposite party no. 2 would file an affidavit
                            before the court below and bring on record her
                            savings       bank      account    number   for   its
                            communication to the petitioner.
                       (2) Petitioner would deposit the aforesaid amount
                            per month in the savings bank account of the
                            opposite party no. 2.
           Patna High Court CR. MISC. No.10888 of 2026(4) dt.01-07-2026
                                                       3/3




                                  (3) In case, the petitioner fails to deposit the
                                       aforesaid amount for two consecutive months,
                                       the court below would be at liberty to cancel
                                       the bail-bond.
                                  (4) 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.”



                                           (Prabhat Kumar Singh, J)
anay

U      T


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