Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail may be granted subject to the petitioner’s financial undertaking and the statutory conditions prescribed under the CrPC and B.N.S.S.
Summary
Nitesh Kumar, husband of complainant Priyanka Kumari, faced a complaint under IPC sections 498A, 323, 504 and Dowry Prohibition Act sections 3 and 4 alleging dowry harassment and torture. He denied the allegations and feared arrest, offering to pay Rs.3,000 per month as temporary relief to the complainant. The High Court, after mediation failed, considered his bail application and the undertaking of monthly payment. The Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.S., including the monthly payment and affidavit by the complainant. The bail order also allowed cancellation of the bond if payments were missed for two consecutive months. The decision reflects the Court’s balancing of the seriousness of the offences with the petitioner’s willingness to provide financial relief.
Issues considered
- Whether bail should be granted in a dowry harassment case involving IPC sections 498A, 323, 504 and Dowry Prohibition Act sections 3/4.
- Whether the petitioner’s undertaking to pay Rs.3,000 per month constitutes a sufficient condition for bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 B.N.S.S. are appropriate in this context.
Legislation cited
- B.N.S.S.
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504
Subjects
- bail
- dowry harassment
- IPC 498A
- domestic violence
- CrPC
- mediation
- temporary relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11470 of 2026
Arising Out of PS. Case No.-1117 Year-2024 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
Nitesh Kumar S/o- Sanjeev Kumar Resident of Village- Bahsi Damodar PS-
Jandaha, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari D/o- Rajendra Sahni Resident of Village- Salempur PS-
Lalganj, Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prakash Chandra, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
Mr. Shyameshwar Kumar Singh, 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 complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offences under Sections 498(A), 323, 504 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.11470 of 2026(4) dt.01-07-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint 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 A.C.J.M. - XIV, Vaishali at
Hajipur in connection with Complaint Case No. 1117 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.
Patna High Court CR. MISC. No.11470 of 2026(4) dt.01-07-2026
3/3
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(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
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