Patna High Court
Dr. Nikesh Kumar Singh @ Nikesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail, subject to payment of the settlement instalments and compliance with bail bond conditions.
Summary
Dr. Nikesh Kumar Singh applied for anticipatory bail fearing arrest in a complaint filed under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The parties had reached an out‑of‑court settlement of Rs. 35 lakh and agreed to return each other's jewellery. The petitioner sought relief to avoid arrest while the settlement was being effected. The Patna High Court, after hearing counsel, allowed the application and granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties. The court conditioned the bail on the petitioner furnishing a demand draft of Rs.15 lakh as the first instalment of the settlement and completing the balance payment within four months, failing which the bail bonds would be cancelled. The order was pronounced under the powers conferred by Sections 482 and 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether anticipatory bail can be granted in a dowry harassment case pending settlement.
- What conditions may be imposed on anticipatory bail to ensure compliance with the settlement.
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- settlement conditions
- bail bond
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35892 of 2025
Arising Out of PS. Case No.-7721 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Dr. Nikesh Kumar Singh @ Nikesh Kumar Singh S/o Dr Devanand Prasad
Singh Devanand Prasad R/o C 108, Kashyap Green City, Abhimanue Nagar,
PS- Rupaspur, Distt- patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunidhi Shaurya W/o Dr. Nikesh Kumar Singh, D/o Vinay Kumar R/o
House no. A/9, Road no. 18, Rajiv Nagar, P.s.- Rajiv Nagar, Distt- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deovind Kumar Singh, Advocate
Mr. Utpal Kant, Advocate
Mr. Dharmesh Kr. Chaubey, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the OP No. 2 : Mr. Amit Kumar Anand, Advocate
Mr. Kumar Manglam, Advocate
Mr. Tilak Saw, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 24-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the opposite party
no. 2.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 7721(C) of 2023 instituted under
Section 498(A) of the Indian Penal Code and Section 3/4 of the
Patna High Court CR. MISC. No.35892 of 2025(9) dt.24-02-2026
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Dowry Prohibition Act.
3. The parties have also appeared in person. The
matter has been settled between the parties and one time
settlement amount is Rs. 35 lakhs.
4. The parties have also agreed to return the
jewellary etc. belonging to each other.
5. In these circumstances, the application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on provisional
anticipatory bail upon furnishing bail bonds of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Patna/ concerned Court in
connection with Complaint Case No. 7721(C) of 2023, subject
to the conditions laid down in Section 482 of the BNSS/ 438(2)
of the Code of Criminal Procedure, 1973.
7. At the time of furnishing the bail bonds, the
petitioner shall produce a demand draft of Rs. 15 lakhs as first
installment. If the petitioner fails to produce the aforesaid
demand draft towards the first installment, the Court below shall
not accept the bail bonds of the petitioner.
8. The Court below shall confirm the provisional
Patna High Court CR. MISC. No.35892 of 2025(9) dt.24-02-2026
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anticipatory bail of the petitioner only after the balance amount,
is paid in full, to the opposite party no. 2, within four months
thereafter, otherwise the bail bonds of the petitioner shall be
cancelled.
(Sandeep Kumar, J)
P. Kumar
U T
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