Patna High Court
Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to stipulated conditions.
Summary
The petitioner, Himanshu Kumar, was accused of offences under IPC sections 341, 323, 498A, 354B, 379 and Dowry Prohibition Act sections 3 and 4, stemming from alleged cruelty and dowry demands by his wife, Kumari Nidhi. He feared arrest and applied for anticipatory bail, offering to pay Rs 3000 per month as temporary relief to the complainant. The court noted that mediation had failed and considered the petitioner’s undertaking to provide maintenance. Relying on the provisions for anticipatory bail, the court allowed the application subject to a bail bond of Rs 10,000 with two sureties and specific conditions regarding payment of maintenance. The order also stipulated that failure to pay for two consecutive months could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations under the IPC and Dowry Prohibition Act
- Whether the petitioner’s undertaking to pay maintenance can justify the grant of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 354B, 379, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- maintenance
- bail conditions
- criminal law
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11848 of 2026
Arising Out of PS. Case No.-1002 Year-2024 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Himanshu Kumar S/O Ajit Kumar Singh R/O Fatehpur Buzurg, P.O and P.S-
Sahdei Buzurg, Distt.- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Nidhi W/O Himanshu Kumar R/O Fatehpur Buzurg, P.O and P.S-
Sahdei Buzurg, Distt.- Vaishali. D/O Kamal Kishor Singh, R/O Village-
Khoksa Kalyan, P.O- Khoksa Buzurg, P.S- Desri, Dist.- Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P.
For the O.P. No.2 : Ms. Pinki Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-07-2026 Earlier, vide order dated 27.04.2026, 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 341, 323, 498A,
354B, 379 of the Indian Penal Code and Sections 3/4 of the
Dowry Prohibition Act.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2023. Thereafter,
Patna High Court CR. MISC. No.11848 of 2026(4) dt.13-07-2026
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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. 3000/-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.
3000/- 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 Sub-Divisional Judicial Magistrate,
Vaishali at Hajipur in connection with Complaint Case No. 1002
of 2024, subject to the conditions laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on
Patna High Court CR. MISC. No.11848 of 2026(4) dt.13-07-2026
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the following 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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