Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bond and a monthly payment of Rs. 3,000 to the complainant.
Summary
The petitioner, Raju Kumar, sought anticipatory bail in a criminal case (Naubatpur PS Case No. 783 of 2025) alleging offences under the Bhartiya Nyaya Sanhita and the Dowry Prohibition Act, stemming from accusations that he and others assaulted and attempted to extort dowry from his wife, Pushpanjali Kumari. The petitioner contended he was falsely implicated and offered to pay Rs. 3,000 per month to the complainant to maintain family harmony. The complainant, facing starvation, accepted the offer. The court, after hearing both sides, considered the petitioner's willingness to provide monthly support and the acceptance by the complainant, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties and the monthly payment of Rs. 3,000 starting 10 June 2026. The application for anticipatory bail was therefore allowed.
Issues considered
- What is the appropriate relief when a petitioner anticipates arrest in a dowry‑related criminal case?
- Whether anticipatory bail should be granted subject to a monetary support condition to the complainant?
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 123, 126(2), 3(5), 351(2), 352, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- criminal procedure
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11707 of 2026
Arising Out of PS. Case No.-783 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Raju Kumar S/o- Late Chandrika Thakur R/village- Sriwar Tola Hirachak,
Police Station- Naubatpur, District- Patna, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pushpanjali Kumari W/o- Raju Kumar, D/o- Mohan Kumar Azad R/v-
Saguna Naya Tola Ps- Danapur Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Ujjwal
Mr. Vatsal Verma
Ms. Jasjit Pranjal
Mr. Amrit Jay Kumar Roy
Mr. Prashant Sourabh
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 01-05-2026 1. Heard learned counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Naubatpur Police Station Case No. 783 of 2025, dated
24.12.2025, registered for the offences punishable under
Sections 126(2)/115(2)/109(1)/123/85/352/351(2)/3(5) of
the Bhartiya Nyaya Sanhita and Sections 3 and 4 of the
Dowry Prohibition Act.
3. That the prosecution case, as per First Information
Report, the marriage of the opposite party no. 2 was
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solemnized with the petitioner on 13.07.2024. After the
informant-opposite party no. 2 was subjected to cruelty
by the petitioner and other accused persons, on
informant’s objecting to petitioner’s illicit relationship
with her sister-in-law, namely, Indu Devi, abused and
assaulted her and demanded an R-15 motorcycle and Rs.
5,00,000/- as dowry. upon non-fulfillment of demand of
dowry, all the accused persons repeatedly assaulted and
threatened to kill her. On 23.12.2025, the accused persons
administered poison to opposite party no. 2.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of
the petitioner, and in order to maintain harmony in the
family, the petitioner is ready and willing to pay a sum of
Rs. 3,000/- per month to the Opposite Party No. 2 as
living cost, subject to the final outcome of the present
case as well as the matrimonial case, if any, pending
and/or decided between the parties.
5. Learned counsel for the complainant-Opposite Party No.
2, being at the verge of starvation, accepts the offer so
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made by learned counsel for the petitioner and submits
that the petitioner may be directed to deposit the said
amount of Rs. 3,000/- per month in the bank account of
the complainant-Opposite Party No. 2, details of which
shall be furnished by learned Counsel for the Opposite
Party No. 2 to learned Counsel for the petitioner within
ten days from today.
6. After having heard learned Counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate VI, Danapur,
in connection with Naubatpur Police Station Case No.
783 of 2025.
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9. This is subject to the condition that the petitioner
shall deposit a sum of Rs. 3,000/- per month in the bank account
of Opposite Party No. 2, starting from 10th June, 2026.
(Anil Kumar Sinha, J)
ashwani/-
U T
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