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Patna High Court

Banti KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to strict attendance requirements.

Summary

Banti Kumar was arrested in a complaint alleging that he, along with co‑accused, assaulted his wife Neha Kumari for dowry demands, invoking Sections 323 and 498A of the IPC. The petitioner, a labourer with no prior criminal record, applied for bail, contending that the allegations were false, the marriage dates back to 2015, and he had previously offered a settlement of Rs.1,00,000. The State opposed bail, relying on the FIR allegations. The court noted the matrimonial nature of the dispute, the petitioner’s prolonged custody since 22‑02‑2026, his health condition, and lack of antecedents, and ordered bail on a bond of Rs.10,000 with two sureties, subject to his presence in court on all trial dates. The court also warned that failure to appear on two consecutive dates would lead to cancellation of the bail bond.

Issues considered

  • Whether bail should be granted to an accused under Sections 323 and 498A in a matrimonial dowry dispute.
  • Whether the petitioner’s health, lack of criminal antecedent, and willingness to cooperate justify bail.
  • What conditions are appropriate for bail in such cases.

Legislation cited

Subjects

  • bail
  • dowry dispute
  • IPC 498A
  • IPC 323
  • CrPC Section 205
  • matrimonial dispute
  • health condition
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33283 of 2026
                   Arising Out of PS. Case No.-44 Year-2022 Thana- COMPLAINT CASE - MASAURHI
                                                      District- Patna
                 ======================================================
                 Banti Kumar son of Sunil Prasad Resident of village- Sabajpur, Ps-
                 Phulwarisharif, Dist- Patna

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Neha Kumari Wife of Banti kumar Resident of village- Lodipur Vasiyawah,
                 Po- Kanlyanchak, Ps- Pipra, Dist- patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Saket Anand, Advocate
                 For the Opposite Party/s :    Mr. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   14-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 323 and 498A of the

                   Indian Penal Code.

                                   3. As per the prosecution case, the petitioner along

                   with other co-accused persons is said to have tortured and

                   assaulted the opposite party no.2 due to non-fulfillment of

                   dowry demand.

                                   4. Learned counsel for the petitioners submits that

                   the present case arises out of a complaint case in which

                   cognizance was taken only under the provisions of Sections
Patna High Court CR. MISC. No.33283 of 2026(2) dt.14-05-2026
                                            2/3




          498A and 323 of the IPC and the petitioner happens to be the

          husband of the complainant and false allegations of subjecting

          her to cruelty was levelled against him. It is further submitted

          that the marriage takes back to the year 2015 and two children

          were born out of the wedlock. It has also been pointed out that

          it was the complainant (wife), who had left the matrimonial

          household and the petitioner had once undertaken to make a

          payment of Rs.1,00,000/- as one time settlement between the

          parties for which he had been released from jail custody

          provisionally for a period of three months. However, since the

          petitioner is a labourer and is working as a Cleaner in road side

          Food Stall, he was unable to manage the money, as such, he

          was subsequently taken back into custody. The petitioner was

          not able to surrender earlier on account of his bad medical

          condition and had made an application under Section 205 of

          the Cr.P.C., which was rejected. The petitioner is now in

          custody since 22.02.2026.

                            5. Learned APP for the State opposed the grant of

          bail on the basis of allegations made in the First Information

          Report.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and considering the fact that the case arises out of
            Patna High Court CR. MISC. No.33283 of 2026(2) dt.14-05-2026
                                                        3/3




                      a matrimonial dispute and the petitioner has remained in

                      custody since 22.02.2026 and also undertakes to cooperate in

                      the trial, let the above named petitioner, who has not criminal

                      antecedent and charge-sheet having been submitted, be released

                      on bail 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 Sub-Divisional Judicial Magistrate,

                      Masaurhi/concerned Court below in connection with Complaint

                      Case No. 44(C) of 2022.

                                   7. It is further noticed that the petitioner remained

                      absconding for some time and caused delay in the progress of

                      the case, in such view of the matter, the petitioner is directed to

                      remain physically present in court on each and every date during

                      trial and in the event of failure on two consecutive dates without

                      sufficient reasons, his bail bonds shall be liable to be cancelled

                      by the learned court concerned.



                                                (Soni Shrivastava, J)
anand/-
U       T


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