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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to a bail bond, sureties, and the condition of paying interim maintenance, with provision for cancellation on non‑payment.

Summary

Nitish Kumar, the petitioner, sought anticipatory bail fearing arrest in a criminal case under Section 498A of the IPC, alleging that his wife (OP No.2) had falsely implicated him. He claimed marital breakdown, loss of employment, and expressed willingness to pay a monthly maintenance of Rs.5,000 to his wife and child. The State opposed the bail, while the wife did not appear. The court, considering the petitioner's offer of maintenance and the matrimonial nature of the dispute, granted anticipatory bail on condition of furnishing a bail bond of Rs.5,000 with two sureties and compliance with Section 438(2) of the CrPC. The court also allowed the wife to seek cancellation of the bail if the petitioner fails to pay maintenance for two consecutive months, and noted that any court‑determined maintenance would supersede the interim arrangement.

Issues considered

  • Whether anticipatory bail should be granted to a husband accused under Section 498A who claims false implication and offers maintenance to his wife.
  • Whether the court can condition anticipatory bail on the payment of interim maintenance and allow cancellation of bail for non‑payment.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • maintenance
  • marital dispute
  • false implication
  • CrPC Section 438
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17059 of 2026
                   Arising Out of PS. Case No.-901 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Nitish Kumar Son of Late Ramanand Pandit Resident of village-
                 Chaknawada, Ps- Dalsingsarai, Dist- Samastipur
                                                                ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Anamika Kumari Wife of Nitish Kumar Resident of village- Chaknawada,
                  Ps- Dalsingsarai, Dist- Samastipur AT present Shri jai Prakash Pandit @ Om
                  prakash Pandit, Resident of village- Katarmala, Ps- Dandari, Dist- Begusarai
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Md. Hussamuddin Azad
                 For the Opposite Party/s :     Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026               1.    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State and no one appears on behalf of the OP No. 2.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 498A of the

                   Indian Penal Code.

                             3.    The learned counsel for the petitioner submits that

                   petitioner being husband has been falsely implicated in the

                   instant case by the OP No. 2.            It is next submitted that the

                   petitioner and the OP No. 2 were married on 14-12-2020 and out

                   of the wedlock, a child was born, who presently is staying with

                   the OP No. 2. It is further submitted that the petitioner was

                   working with Nippon Company but on account of institution of

                   the instant case, his job was terminated and petitioner presently is
Patna High Court CR. MISC. No.17059 of 2026(2) dt.09-04-2026
                                            2/3




          unemployed. It is also submitted that presently the relationship in

          between the petitioner and the OP No. 2 has soured to an extent

          where it is not possible to revive the conjugal relationship, but

          with passage of time and on intervention of well-wishers, the

          parties may resolve their dispute amicably. It is submitted that

          petitioner being husband is aware of his responsibility towards

          his wife and the child, who presently is residing with the OP No.

          2, but since presently he is out of job hence would not be in a

          position to maintain them in the manner he was maintaining

          when he was doing the job, but it is submitted that petitioner is

          willing to pay a monthly maintenance of Rs. 5,000/- to the OP

          No. 2, which shall commence from 20-4-2026.

                   4.     Learned APP also fairly submits that since petitioner

          is willing to pay a monthly maintenance of Rs. 5,000/-, as such

          no useful purpose would be served by sending the petitioner to

          jail moreso when the dispute is matrimonial and if the petitioner

          is sent to judicial custody, chances of future reconciliation will

          also get marred.

                   5.     After hearing the learned counsel for the parties, the

          petitioner above-named, in the event of his arrest or surrender

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
              Patna High Court CR. MISC. No.17059 of 2026(2) dt.09-04-2026
                                                          3/3




                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Complaint Case No.

                        901 of 2024, subject to the conditions as laid down under Section

                        438 (2) of the Cr.P.C.

                                 6.     However, it is made clear that OP No. 2 shall be at

                        liberty to file an application before this court seeking

                        cancellation of the anticipatory bail granted to the petitioner, in

                        the event if the petitioner does not deposit the monthly

                        maintenance as agreed for two consecutive months.

                                 7.     It is further made clear that the present maintenance

                        shall stop, if a court of competent jurisdiction fixes the

                        maintenance.

                                 8.     Let a copy of this order be handed over to the

                        learned counsel appearing on behalf of the OP No. 2 in the

                        learned trial court for its onward communication to the OP No. 2.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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