Patna High Court
Niraj Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 423, 498A
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
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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
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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
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