Patna High Court
Rajballabh Kumar @ RajuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted provisional bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Rajballabh Kumar, sought provisional bail fearing arrest in a case registered under Section 85 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) arising from matrimonial discord, along with several other offences. He asserted willingness to keep his wife with dignity at his native village, while the wife agreed to stay at the matrimonial house under similar conditions. The court considered the bail application, the nature of the offences, and the conditions proposed by both parties. It ordered provisional bail on the condition that the petitioner furnishes a bail bond of Rs. 10,000 with two sureties and ensures the wife is taken to the matrimonial house. The court directed both parties to appear before the lower court to confirm compliance, and disposed of the application.
Issues considered
- Whether provisional bail can be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS for offences including Section 85 of the BNSS arising from matrimonial discord.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 85
- Criminal Procedure Code — s. 438(2)
- Domestic Violence Protection Act — s. 3, 4
Subjects
- bail
- provisional bail
- matrimonial dispute
- BNSS
- Section 85
- Section 438
- Section 482
- domestic violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26489 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- MAHILA P.S. District- Nawada
======================================================
Rajballabh Kumar @ Raju S/o Krishna Yadav Resident of Mishrichak, P.S.-
Thali, Dist.- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niti Kumari W/o Rajballabh Kumar @ Raju and D/o Musafir Yadav R/o
Gonubigha, P.S.- Warisaliganj, District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Ranjan, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, A.P.P.
For the O.P. No. 2 : Mr. Diwakar, Advocate
Ms. Priya Kumari, Advocate
Mr. Pallav Kr. Singh, Advocate
Ms. Saheeba Nazi, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel appearing for the Opposite Party
No. 2 (wife).
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 115 (2), 126 (2), 351 (2),
352, 85, 3 (5) of B.N.S and Section 3/4 of D.P. Act.
3. The present case is one under Section 85 of the B.N.S
registered on account of matrimonial discord between the parties.
4. Learned counsel for the petitioner has submitted that
the petitioner is ready to keep his wife with full honour and dignity
as stated in paragraph 10 of the bail application and has also stated
that since he is driver and he does not has permanent place of abode,
Patna High Court CR. MISC. No.26489 of 2026(2) dt.01-05-2026
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he is ready to keep his wife at his native village. Learned counsel
appearing for the Opposite Party No. 2 also states that she is
agreeable to stay at her matrimonial house, in case, she is kept with
due dignity and honour.
5. In such view of the matter, let the above named
petitioner, be released on provisional bail, in the event of his arrest
or surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Mahila (Nawada) P.S.
Case No. 34 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
6. Both the parties are directed to appear before the
learned court concerned who will confirm the provisional bail
granted to the petitioner once the court is assured that the petitioner
has taken the Opposite Party No. 2 to his matrimonial house.
7. Accordingly, the application stands disposed of.
(Soni Shrivastava, J)
vashudha/-
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