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Patna High Court

Devender Kumar @ Devendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                                     ‘(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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