Patna High Court
Shravan Kumar Yadav @ Bittu Yadav @ BittuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail, modified the settlement to require a monthly payment of Rs.12,000 to the daughter, and imposed a bail bond of Rs.10,000 with two sureties.
Summary
The petitioners, a husband and his wife, filed anticipatory bail applications in a case registered under Mahila Police Station concerning alleged dowry harassment, domestic violence, and related offences under the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the husband and his in‑laws subjected the informant to mental and physical cruelty, forced a second marriage, and denied maintenance to the informant’s daughter. During mediation a settlement was reached, but the daughter later complained of neglect and lack of educational expenses, seeking to stay with her mother. The husband offered to deposit Rs.12,000 per month into the daughter’s bank account, an offer accepted by the opposite party. The court, after hearing both sides, modified the settlement, directed the monthly payment, and granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties. The applications were therefore allowed and the parties were instructed to comply with the payment schedule.
Issues considered
- Whether anticipatory bail should be granted to the petitioner‑husband in view of the alleged offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the terms of the earlier mediation settlement can be modified to include a monthly maintenance payment to the daughter.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 82(1), 85
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- child maintenance
- settlement modification
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40343 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Shravan Kumar Yadav @ Bittu Yadav @ Bittu S/O Late Mahendra Yadav R/O
Rajapur Mainpura Hanuman Mandir, Kahar Toli, P.S- Patliputra, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nibha Kumari Yadav W/O Shravan Kumar Yadav, D/O Late Mahendra Rai
R/O Rajapur Mainpura, Hanuman Mandir, Kahar Toli, P.S- Patliputra, Distt.-
Patna.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 36650 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
1. Aarti Devi @ Arti Devi wife of Late Mahendra Yadav Resident Of Rajapur
Mainpura, Hanuman Mandir, Kahar Toli, Ps -Patliputra, Dist- Patna
2. Puja Kumari Wife of Sunil Kumar @ Chichi Resident Of Rajapur Mainpura,
Hanuman Mandir, Kahar Toli, Ps -Patliputra, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nibha Kumari Yadav Wife of Shravan Kumar Yadav, Duaghter of Mahendra
Rai Resident Of Rajapur Mainpura, Hanuman Mandir, Kahar Toli, Ps
-Patliputra, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 40343 of 2025)
For the Petitioner/s : Mr. Rashid Zafar
For the Opposite Party/s : Mr. Mohammad Sufyan
(In CRIMINAL MISCELLANEOUS No. 36650 of 2025)
For the Petitioner/s : Mr. Rashid Zafar
For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 28-01-2026 1. Pursuant to the order, dated 17.01.2026, the petitioners
Patna High Court CR. MISC. No.40343 of 2025(5) dt.28-01-2026
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and the informant, along with the daughter of the
informant, appeared in person before this Court in the
Chambers today, on 28.01.2026.
2. The present anticipatory bail applications arise out of
Mahila Police Station Case No. 19 of 2025, registered for
the offences punishable under Sections 115(2), 126(2),
351(2), 85, 3(5), 82(1) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, in brief, is that the informant was
subjected to mental and physical cruelty by her in-laws,
who abetted and supported the husband in raising dowry
demands. It is alleged that upon failure to meet such
demands, the informant was harassed. The accused
persons are further alleged to have pressurized the
informant to consent to a proposed marriage involving her
brother and, upon refusal, subjected her to physical,
mental, and emotional torture. It is also alleged that the
accused persons aided and facilitated the husband’s
second marriage and conspired to oust the informant from
her matrimonial home despite having knowledge of her
subsisting marital relationship.
4. The case was referred to the mediation earlier, in which
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the terms and conditions of the settlement was arrived at
between the husband and the wife on 17.09.2025.
Thereafter, a dispute has cropped up between the parties
inasmuch as the claim of the wife is that the petitioner-
husband is not taking care of the daughter as per the terms
of settlement arrived at between them. The daughter is,
now, residing with the Opposite Party No. 2.
5. In course of argument before this Court, the daughter of
Opposite Party No. 2 informed that while she was
residing along with her father, she was not being treated
properly by the step-mother with whom her father had
performed second marriage and her father also did not
take care with love and affection. The fee of school and
other educational expenses was also not being paid
regularly. She expressed her desire to stay with her
mother-Opposite Party No. 2 in order to pursue a peaceful
life so that she can continue with her higher studies. She
is right now in Class-XII and shall be taking the final
annual examination this year itself.
6. I have heard all the parties at length, during which claims
and counter claims were made. However, the petitioner-
husband agrees to pay a sum of Rs. 12,000/- per month in
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the bank account of his daughter, bearing Account No.
0142001700094828, having IFSC Code PUNB0014200,
for meeting the expenses of her education and her other
daily needs.
7. Learned Counsel for the Opposite Party No. 2 accepts the
offer so made by learned counsel for the petitioner and
submits that the petitioner in Criminal Misc. No. 40343 of
2025 may be directed to deposit the said amount of Rs.
12,000/- per month in the Punjab National Bank account
of the daughter of Opposite Party No. 2 namely Sonakshi
Kumari bearing no. 0142001700094828, IFSC Code-
PUNB0014200.
8. Having heard learned Counsel for the parties and taking
into consideration the undertaking given by the petitioner-
husband, this Court, in the interest of the families and the
daughter, considers it appropriate to modify the terms and
conditions of settlement arrived at between the hsuband
and the wife during mediation and direct the petitioner-
husband to pay a sum of Rs. 12,000/- to his daughter, in
her Saving Bank Account No. 0142001700094828 (PNB)
every month, staring from 7th March, 2026.
9. These applications are, accordingly, allowed, with the
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aforesaid observation and directions.
10. Let the petitioners, above named, in the event of their
arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
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 Mahila Police Station Case No. 19 of 2025.
(Anil Kumar Sinha, J.)
HarshPandey/-
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