Created by Fuzzy Cloud

Patna High Court

Niraj Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to payment of monthly maintenance and other conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Niraj Kumar Sinha, was accused under Sections 423 and 498A of the Indian Penal Code for alleged dowry harassment and cheating. He applied for anticipatory bail, fearing arrest in the complaint case. The prosecution alleged that the petitioner subjected his wife to cruelty for dowry demands. The petitioner’s counsel offered to pay a monthly maintenance of Rs.5,000 to the complainant and assured her safety. The court, noting this undertaking, allowed the anticipatory bail application, imposing conditions including deposit of a bail bond, two sureties, and monthly maintenance payments subject to court oversight. The bail is to be enlarged if the petitioner is arrested within eight weeks, and non‑payment of maintenance for two consecutive months may lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 423 and 498A of the IPC.
  • Whether the court can impose a condition of monthly maintenance as part of anticipatory bail.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita applies to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 498A
  • Section 423
  • maintenance
  • matrimonial dispute
  • bail conditions
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11084 of 2026
                  Arising Out of PS. Case No.-462 Year-2024 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Niraj Kumar Sinha S/o Narayan Prasad Sinha Resident of Village- Malhad,
                 P.S.- Goh, District- Aurangabad. At present Mohalla- Sahid Bhagat Singh
                 Colony, S.B.S. Colony, Rampur, P.S.- Rampur, District- Gaya

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Supriya Sinha D/o Sri Dhruv Kumar Sinha, W/o Niraj Kumar Sinha
                 Resident of Village- Malhad, P.S.- Goh, District- Aurangabad. At present
                 Mohalla- Mahavir Colony, Radhe Krishna Apartment, Chandauti More, P.S.-
                 Chandauti, District- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Krishna Pd Singh, Sr. Advocate
                 For the Opposite Party/s :     Mr. Lakshmi Kant Sharma, A.P.P.
                 For the O.P No. 2        :     Mr. Amaresh Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-07-2026                  Earlier, vide order dated 13.05.2026, the matter was

                   referred to the Mediation and Conciliation Centre, Patna High

                   Court, Patna, but as per the Mediator’s Report (flag ‘M’), the

                   mediation has failed.

                                2. Heard learned counsel for the parties.

                                3. The petitioner apprehends arrest in a case registered

                   for the offences punishable under Sections 423, 498A of the

                   Indian Penal Code.

                                4. As per prosecution case, marriage of the

                   complainant was solemnized with this petitioner in the year
Patna High Court CR. MISC. No.11084 of 2026(4) dt.13-07-2026
                                            2/3




          2015. Thereafter, it is alleged that complainant was subjected to

          torture and cruelty due to non-fulfillment of demand of dowry.

                       5. Learned counsel for the petitioner, while denying

          the allegations levelled against him, submits that petitioner, who

          is husband of the complainant, is ready to keep her with honour

          and safety. Besides this, petitioner is ready to give Rs. 5000/-per

          month to the complainant by way of temporary relief/solace,

          starting from this month, subject to any order passed in

          matrimonial, maintenance or connected proceedings.

                       6. In view of the aforesaid undertaking of learned

          counsel for the petitioner that petitioner is ready to give Rs.

          5000/- per month to the complainant by way of temporary

          relief/solace, starting from this month, this anticipatory bail

          application is allowed.

                       7. Let the above-named petitioner, in the event of

          arrest/surrender within a period of eight weeks from today, 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 Judicial Magistrate, 1st Class, Gaya in

          connection with Complaint Case No. 462 of 2024, subject to the

          conditions laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita as well as on the following
              Patna High Court CR. MISC. No.11084 of 2026(4) dt.13-07-2026
                                                          3/3




                        conditions:-

                                     ‘(1) Complainant 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

                        maintenance amount per month in the savings bank account of

                        the complainant.

                                     (3) In case, the petitioner fails to deposit the

                        maintenance 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)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.