Patna High Court
Devender Kumar @ Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and specific conditions regarding monthly maintenance payments.
Summary
The petitioner, Devender Kumar, was accused under Sections 498A and 323 of the Indian Penal Code for alleged dowry harassment and causing hurt to his wife. He applied for anticipatory bail fearing arrest, while the prosecution alleged that he subjected his wife to cruelty for dowry demands. The petitioner denied the allegations and offered to pay a monthly maintenance of Rs. 3,000 to the complainant, subject to any future matrimonial orders. Mediation efforts had failed, prompting the court to consider the bail application. The court granted anticipatory bail, imposing a bail bond of Rs. 10,000 with two sureties and conditions that the petitioner deposit the maintenance amount in the complainant’s bank account, with cancellation possible upon default.
Issues considered
- Whether anticipatory bail should be granted to the accused in a dowry harassment case under Sections 498A and 323 IPC.
- Whether the petitioner’s undertaking to pay monthly maintenance suffices as a condition for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 323, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- Section 323
- maintenance
- mediation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1356 of 2026
Arising Out of PS. Case No.-191 Year-2024 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
Devender Kumar @ Devendra Kumar S/o Kamlesh Yadav R/o Village -
Bhadwa, Ward No. 14, Post - Chhoataipatti, District - Darbhanga, Pin -
847337
... ... Petitioner/s
Versus
1. The State of Bihar
2. Veena Kumari @ Beena Kumari W/o Devender Kumar @ Devendra Kumar
D/o Dev Narayan Yadav, R/o Village - Vasudevpur, P.S.- Sadar Darbhanga,
District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
For the O.P. No. 2 : Mr. Abu Bakar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-06-2026 Earlier, vide order dated 06.04.2026, 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 498A, 323 of the
Indian Penal Code.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2017. Thereafter,
it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.1356 of 2026(4) dt.29-06-2026
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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 Chief Judicial Magistrate, Darbhanga in
connection with Darbhanga Complaint Case No. 191 of 2024,
subject to the conditions laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita as well as on the following
conditions:-
Patna High Court CR. MISC. No.1356 of 2026(4) dt.29-06-2026
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‘(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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