Patna High Court
Madan Kumar @ MintuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond, sureties, and conditions of interim monthly payment, under Section 482(2) of the BNSS 2023.
Summary
The petitioner, Madan Kumar, husband of Ahsa Lata Kumari, was arrested in a case under Section 498-A IPC alleging dowry harassment and cruelty. He denied the allegations and sought bail, offering to pay a monthly interim relief of Rs. 5,000 to his wife. The State and the wife opposed bail, arguing that the petitioner, in collusion with his family, subjected the wife to cruelty and that she was destitute. The court considered the bail application and, noting the petitioner’s undertaking and the wife’s willingness to receive interim relief, granted bail on a bond of Rs. 10,000 with two sureties and specific conditions, including monthly payments and the possibility of cancellation for non‑payment. The order also invoked Section 482(2) of the Bihar Negotiable Security Act, 2023, to impose these conditions.
Issues considered
- Whether bail should be granted to an accused in a Section 498-A dowry harassment case.
- Whether the court can condition bail on the payment of interim relief to the complainant.
- Whether the allegations of cruelty and destitution of the complainant justify denial of bail.
Legislation cited
- Bihar Negotiable Security Act, 2023 — s. 482(2)
- Indian Penal Code — s. 498-A
Subjects
- bail
- dowry harassment
- Section 498-A IPC
- interim relief
- matrimonial dispute
- conditions of bail
- Section 482(2) BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2334 of 2026
Arising Out of PS. Case No.-2310 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Madan Kumar @ Mintu Son of Ganesh Prasad Resident of A/30, Abhiyanta
Nagar, Ramnagari, PS. - Rajeev Nagar, Patna, 800025.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ahsa Lata Kumari D/o Ramakant Prasad R/o Mohalla - New Chandmari,
P.S. - Town Thana Motihari, Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
For Op2 : Mr. Nisha Verma, Advocate
Mr. Vijay Shankar Shrivastava, Advocate
Ms. Ankita, Advocate
Mr. Ritesh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-06-2026 Heard learned counsel for the petitioner, the
State and the opposite party no.2.
2. The petitioner, who is husband of opposite party
no.2, apprehends arrest in a case registered for the offence
punishable under sections 498-A of I.P.C.
3 . The prosecution case, in brief, is that marriage of
the complainant was solemnized with this petitioner in the year
2013. It is alleged that after marriage , all the accused persons
named in the F.I.R. including this petitioner, subjected the
complainant to cruelty and harassment due to non-fulfillment of
additional demand of dowry and later, ousted her from her
Patna High Court CR. MISC. No.2334 of 2026(5) dt.22-06-2026
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matrimonial house .
4. Learned counsel appearing for the petitioner,
while denying the allegations, submits that the petitioner is
innocent and has falsely been implicated in this case because he
happens to be husband of opposite party no.2. Petitioner is ready
to keep her with honour and safety. Besides this, petitioner is
ready to give Rs. 5000/-per month to opposite party no.2 by way
of temporary relief/solace, starting from this month, subject to
any order passed in matrimonial, maintenance or connected
proceedings.
5. Learned counsel for the State as well as opposite
party no.2 oppose the prayer for bail and submits that the
petitioner, being husband of opposite party no.2, in connivance
with his family members, subjected her to harassment and
cruelty for non-fulfillment of demand of dowry and also ousted
her to her parents’ house . It is further submitted that she has no
means of livelihood and is on the verge of starvation .
6. In view of the undertaking of learned counsel for
the petitioner as well as condition of opposite party no.2, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, above-named, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.2334 of 2026(5) dt.22-06-2026
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sureties of the like amount each to the satisfaction of the learned
J.M.F.C, Motihari in connection with Complaint Case No. 2310
of 2024, subject to the conditions laid down under section 482
( 2 ) of BNSS 2023 as well as on the following conditions:-
(i) Opposite party no.2. would file an affidavit before
the court below and bring on record her saving bank account
number for its communication to the petitioner.
(ii) Petitioner would deposit the aforesaid interim
relief per month in the saving bank account of the opposite party
no.2.
(iii) In case, petitioner fails to deposit the aforesaid
amount of temporary relief/solace for two consecutive months,
the court below would be at liberty to cancel the bail-bond.
(iv) 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)
Koushik/Alok
Raj-
U T
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