Patna High Court
Naval KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner with specific conditions, including a maintenance payment arrangement, under Section 482(2) of the CrPC.
Summary
Naval Kumar, the petitioner, sought bail after apprehending arrest in a case registered under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, alleging that he was falsely implicated in a dowry harassment complaint by his wife, Kanchan Kumari. The petitioner denied the allegations and offered to pay a monthly maintenance of Rs. 3,000 to his wife, subject to any matrimonial or maintenance orders. The court considered the petitioner's undertaking, the nature of the offences, and the provisions of Section 482(2) of the Criminal Procedure Code. It granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions that the wife file an affidavit of her savings account, that the petitioner deposit the maintenance amount each month, and that bail could be cancelled if payments are missed for two consecutive months. The order also clarified that the bail does not preclude the parties from resolving the matter through other proceedings.
Issues considered
- What is the appropriate bail disposition for a petitioner accused under Section 498A IPC and the Dowry Prohibition Act?
- Whether the court can impose conditions relating to maintenance payments as part of bail under Section 482(2) CrPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- Section 498A
- maintenance
- criminal procedure
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36658 of 2025
Arising Out of PS. Case No.-1086 Year-2021 Thana- MUNGER COMPLAINT CASE
District- Munger
======================================================
Naval Kumar S/o- Ramvilash Bind @ Ramvilash Mandal Village-
Shobhandih Ps- Haveli Kharagpur Dist- Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kanchan Kumari W/o- Naval Kumar, D/o- Mahendra Mandal Village-
Tilkari Ps- Sangrampur OP Tetia Bumber Dist- Munger
3. Ravindra Kumar S/o- Ramvilash Bind @ Ganesh Mandal Village-
Kathautiya Ps- Haveli Kharagpur Dist- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Verma, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
For the Informant : Mr. Shashank Chouhan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the parties.
2. The petitioner apprehends arrest in a case registered
for the offences punishable under Section 498A of the Indian
Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. As per F.I.R., marriage of opposite party no. 2 was
solemnized with this petitioner in the year 2021 and thereafter, it
is alleged that all the F.I.R. named accused persons including
this petitioner tortured and harassed her due to non-fulfillment
of demand of dowry.
4. Learned counsel appearing for the petitioner, while
denying the allegations, submits that the petitioner is innocent
Patna High Court CR. MISC. No.36658 of 2025(4) dt.08-01-2026
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and has falsely been implicated in this case because he happens
to be husband of opposite party no.2. Petitioner is ready to keep
her with honour and safety. Besides this, petitioner is ready to
give Rs. 3000/- per month to opposite party no. 2 by way of
temporary relief/solace, starting from this month, subject to any
order passed in matrimonial, maintenance or connected
proceedings.
5. In view of the undertaking of learned counsel for
the petitioner, in the event of arrest/surrender within a period of
eight weeks from today, let the above-named petitioner 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 Sub-Divisional Judicial Magistrate, Munger in
connection with Complaint Case No. 1086C of 2021, subject to
the conditions laid down under section 482(2) of the BNSS as
well as on the following conditions:-
‘(1) Opposite party No. 2 would file an affidavit
before the 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 opposite party No. 2.
Patna High Court CR. MISC. No.36658 of 2025(4) dt.08-01-2026
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(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
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