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Patna High Court

Pankaj KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond, sureties, and a monthly interim maintenance payment to the wife.

Summary

Pankaj Kumar petitioned the Patna High Court seeking bail after his arrest was anticipated in connection with offences under Sections 85 and 3(5) of the Bihar Negotiable Instruments Act and Sections 3 and 4 of the Dowry Prohibition Act, arising from a marital dispute with his wife Neha Kumari. The couple had attempted mediation at the Patna High Court Mediation and Conciliation Centre, but the mediator’s report dated 13‑10‑2025 indicated that the process failed. The court observed that the marriage had become irretrievable and that the parties were unwilling to reconcile. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the condition of paying interim maintenance of Rs.3,000 per month to the wife. The order was made to be complied with within four weeks of communication, and the bail was granted subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Chapra.

Issues considered

  • What is the appropriate bail disposition for the petitioner accused under the Bihar Negotiable Instruments Act and the Dowry Prohibition Act in the context of marital discord?
  • Should the court impose an interim maintenance condition as part of the bail order?

Legislation cited

Subjects

  • bail
  • dowry prohibition
  • marital dispute
  • mediation failure
  • interim maintenance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37084 of 2025
                       Arising Out of PS. Case No.-73 Year-2024 Thana- MAHILA P.S. District- Saran
                 ======================================================
                 Pankaj Kumar S/O Jugal Kishor Kushwaha Resident Of Village- Sarai Baksh,
                 P.s.- Bheldi, Dist.- Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    Neha Kumari W/O Pankaj Kumar, D/O Vidyarthi Krishna Prasad R/O
                 Mohalla- Bichla Telpa Jain Colony, P.s.- Chapra Town, Dist.- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Tiwary
                 For the State            :       Mr.Kanhaiya Kisore, APP
                 For the O.P.NO.2                 Mr. Dhananjay Kr. Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   06-01-2026                          Heard the learned counsel for the parties.

                                    2. The petitioner apprehends his arrest for the

                   offences alleged under Sections 85 and 3(5) of the BNS and

                   Section 3/4 of the Dowry Prohibition Act, registered in

                   connection with Chapra Mahila P.S. Case No. 73 of 2024.

                                    3. The marital discord between the couple has

                   given rise to the present litigation.

                                    4. Both the parties are present in Chambers with

                   their respective counsels, casting allegations and counter

                   allegation against each other.

                                    5. To iron out the differences between the warring

                   couple, earlier the matter was referred to the Patna High Court
           Patna High Court CR. MISC. No.37084 of 2025(5) dt.06-01-2026
                                                       2/2




                     Mediation and Conciliation Centre. The report of the learned

                     Mediator dated 13.10.2025 at Flag-M shows that the process of

                     mediation could not yield fruitful result and thus the mediation

                     failed.

                                     6.     It appears that the marriage has become

                     irretrievable as the parties are not willing to relent.

                                     7. Considering the above facts and circumstances,

                     let the petitioner above-named, in the event of his arrest or

                     surrender within four weeks from the date of communication of

                     this order,     be released 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 Sub-Divisional Judicial Magistrate,

                     Chapra, Saran in connection with Chapra Mahila P.S.Case No.

                     73 of 2024,          subject to the following condition that the

                     petitioner shall make payment of Rs. 3000/- (Rupees three

                     thousand) per month, as an interim maintenance, to the

                     opposite party no.2.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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