Created by Fuzzy Cloud

Patna High Court

Ravi Kumar KediyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.