Patna High Court
PAPPU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Petitioner Pappu Kumar was charged under Sections 85 and 3(5) of the B.N.S. and Section 4 of the Dowry Prohibition Act following a complaint by his wife Mitali Kumari alleging dowry harassment, assault and an attempt to outrage her modesty. The coordinate bench had referred the matter to mediation, which failed. The petitioner, posted as Head Clerk in Arunachal Pradesh, sought anticipatory bail, offering to pay monthly sums to his wife and to furnish a demand draft of Rs.10,000. The court, after hearing both sides, granted anticipatory bail subject to strict conditions, including payment of the stipulated amounts, appearance before police and courts, and non‑interference with witnesses. Non‑compliance would permit cancellation of the bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case.
- What conditions, if any, may be imposed on anticipatory bail in the circumstances.
Legislation cited
- B.N.S. — s. 3(5), 85
- Dowry Prohibition Act — s. 4
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- bail conditions
- mediation failure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14307 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
PAPPU KUMAR Son of Kishori Saw Resident of Village - Upraura, P.S.-
Bihar Sharif, P.O.- Muraura, District - Nalanda (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mitali Kumari Daughter of Mukesh Kumar R/o Village - Rasalpur, P.O.-
Ariyawa, P.S.- Ekangarsarai, District - Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-06-2026 Heard Mr. Shailendra Kumar Singh, learned
counsel for the petitioner and Mr. Rajiv Kumar, learned counsel
for the complainant as also learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No. 225(C) of 2025 registered
for the offence under Sections 85 and 3(5) of the B.N.S. and
section 4 of the Dowry Prohibition Act, lodged by the
complainant Mitali Kumrari.
3. As per the complaint, the wife of the petitioner
namely Mitali Kumari alleged that she was married to him on
16.07.2021 but always tortured for dowry and in the processs
assault too took place. She was not even provided food, clothes
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and medicine and as in the year 2025 her brother-in-law tried to
outrage her modesty, she has to leave the place and filed
complaint.
4. In this case, the coordinate Bench sent the matter to
the Mediation Centre but the report dated 03.04.2026 shows that
it failed.
5. Learned counsel for the petitioner submits that
presently he is posted in Arunachal Pradesh as Head Clerk and
has no family quarter there. He shall be trying to have a
tenanted house so that the petitioner can take his wife to the said
place. The submission is that he want to stay with his wife with
full dignity and honour and to show respect to her, shall be
transferring Rs.5,000/- by 5th of every month beginning July,
2026 and failure to do so, the lady shall be free to take steps for
cancellation of bail bond, if relief is granted.
6. Further, he shall also be paying Rs.10,000/- to her
in by the Demand Draft issued in favour of Mitali Kumari by
the State Bank of India/any Nationalized Bank and shall be
submitted the time of execution of bail bond so that the it is
handed over to the lady upon checking her credentials.
7. Learned counsel for the informant undertakes to
provide Bank Account Number so that the amount can be
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transferred every month to her till the petitioner takes her to
Arunachal Pradesh.
8. Though learned counsel for the informant opposes
the prayer submits that if he is ready to keep his wife with
dignity and honour and ensure giving monthly assistance, he is
not opposing if relief is granted.
9. Taking into account the submissions of the parties
as also the inclination shown by the petitioner to keep his wife
with full dignity and honour once he gets an accommodation,
this Court is inclined to extend him the privilege of anticipatory
bail.
10. However, it is made clear that if he fails to submit
Demand Draft of Rs.10,000/- in favour of Mitali Kumari and/or
denies Rs.5,000/- to her in any month, the lady shall be free to
take immediate steps for cancellation of bail bond.
11. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bihar Sharif,
Nalanda, in connection with Complaint Case No. 225(C) of
2025 subject to the following conditions:-
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(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
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