Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Akhilesh Kumar, was accused under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act for alleged cruelty and dowry demands after his marriage in 2021. He applied for anticipatory bail, asserting that he was ready to provide the complainant Rs 3,000 per month as temporary relief, subject to any maintenance order. The court noted that mediation had failed and, considering the petitioner's undertaking, allowed the anticipatory bail application. The bail was conditioned on a bond of Rs 10,000 with two sureties, the deposit of the monthly amount into the complainant’s savings account, and cancellation if two consecutive payments are missed. The order also clarified that the bail does not preclude resolution of the matrimonial dispute through other proceedings.
Issues considered
- What is the appropriateness of granting anticipatory bail to a person accused under Sections 498A/34 IPC and Section 4 Dowry Prohibition Act?
- Whether the petitioner's undertaking to pay a monthly amount influences the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- maintenance
- matrimonial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3874 of 2026
Arising Out of PS. Case No.-511 Year-2023 Thana- VAISALI COMPLAINT CASE District-
Vaishali
======================================================
Akhilesh Kumar S/o Basudev Sahni Resident of Village- Sadhuapur,
Rghunathpur, P.S. Bhagwanpur, District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Suman Kumari W/o Akhilesh Kumar D/o Shambhu sahani, R/o Village -
Rupanpatti, P.S - Baligaon, District - Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
For the O.P. No. 2 : Mr. Hemant Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 22-06-2026 Earlier, vide order dated 19.03.2026, 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 498(A)/34 of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2021. Thereafter,
it is alleged that complainant was subjected to torture and
cruelty due to non-fulfillment of demand of dowry.
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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. 3000/-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.
3000/- 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 Sub-Divisional Judicial Magistrate,
Vaishali at Hajipur in connection with Complaint Case No. 511
of 2023, 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
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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
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