Patna High Court
Ravi Kumar KediyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Ravi Kumar Kediya, was accused of dowry harassment under Sections 115(2), 3(5) and 85 of the Bharatiya Nyaya Sanhita following a complaint by his wife. Mediation ordered by the High Court failed, and the petitioner feared arrest. He offered to pay Rs. 5,000 per month as temporary maintenance to the complainant and sought anticipatory bail. The Court, noting the petitioner’s undertaking, granted anticipatory bail on the condition that he deposit the maintenance amount in the complainant’s savings account and furnish a bail bond of Rs. 10,000 with two sureties. The bail may be cancelled if the petitioner defaults for two consecutive months, and the order is subject to any future matrimonial or maintenance decree.
Issues considered
- What is the appropriateness of granting anticipatory bail in a dowry harassment case under the Bharatiya Nyaya Sanhita?
- Whether the petitioner’s undertaking to pay monthly maintenance suffices as a condition for anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 3(5), 85
Subjects
- dowry harassment
- anticipatory bail
- maintenance
- mediation
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3575 of 2026
Arising Out of PS. Case No.-8342 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Ravi Kumar Kediya Son of Kashi Prasad Kediya R/o Village - Rajeev Nagar,
Ward no. 42, Bishunpur Bazar, P.S. -Begusarai, District - Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Savita Kumari W/o Ravi Kumar Kedia R/o Mohalla - Mainpura Anand Marg
Ashram, P.S. - Patliputra, Dist. - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
For the O.P. No. 2 : Mr. Krishna Bihari Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-06-2026 Earlier, vide order dated 01.04.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 115(2), 3(5), 85 of
the Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2014. Thereafter,
it is alleged that complainant was subjected to torture and
cruelty due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.3575 of 2026(5) dt.22-06-2026
2/3
5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 5000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
5000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Patna in
connection with Complaint Case No. 8342 of 2024, subject to
the conditions laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita as well as on the following
conditions:-
‘(1) Complainant would file an affidavit before the
Patna High Court CR. MISC. No.3575 of 2026(5) dt.22-06-2026
3/3
court below and bring on record her savings bank account
number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) 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)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.