Patna High Court
Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail may be granted in the present case subject to conditions imposed under Section 482(2) of the B.N.S.
Summary
The petitioner, Deepak Kumar Singh, sought anticipatory bail after being implicated in a dowry harassment case filed by his wife, Kumari Chanda. The FIR alleged offences under several sections of the Bihar Negotiable Instruments Act and the Dowry Prohibition Act, claiming the petitioner demanded dowry and subjected the informant to cruelty. The High Court noted that mediation had failed and, despite the State’s opposition, considered the petitioner’s undertaking to pay a modest monthly amount to the informant as a mitigating factor. Relying on its inherent powers under Section 482(2) of the B.N.S., the Court granted anticipatory bail subject to a cash bond, sureties and conditions ensuring regular payments to the informant. The order also linked the bail to any future matrimonial or maintenance proceedings, emphasizing that the bail would not preclude other resolutions.
Issues considered
- Whether anticipatory bail can be granted in a dowry harassment case involving multiple serious offences.
- Whether the petitioner’s undertaking to pay a monthly amount constitutes sufficient ground for bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 305(a), 318(4), 319(2), 3(5), 351(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Section 482
- mediation
- maintenance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4134 of 2026
Arising Out of PS. Case No.-79 Year-2024 Thana- KRISHNAGARH District- Bhojpur
======================================================
Deepak Kumar Singh Son of Sri Om Prakash Singh Resident of 59, Prafulya
Chaki Road, Hind Motors, Kamla Apartment, P.S. - Uttarpadhha, District -
Hugali(West Bengal).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Chanda D/o Sri Krishana Kumar Singh R/o 59, Prafulla Chaki
Road, Hind Motors, Kamla Apartment, P.S. - Uttarpara, Dist. - Hoogly(West
Bengal). Permanent address - Udaybhanpur, P.S. - Krishnagarh, Dist. -
Bhojpur(Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Akash Kumar Mishra, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
For the Informant : Mr. Diwakar, Advocate
Mr. Shivam Kumar, Advocate
Mr. Deepak Kumar, Advocate
Ms. Priya Kumari, Advocate
Ms. Saheeba Naz, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-04-2026 Heard Mr. Akash Kumar Mishra, learned counsel
appearing on behalf of the petitioner, Mr. Pramod Kumar
Pandey, learned APP appearing on behalf of the State and Mr.
Diwakar, learned counsel appearing on behalf of the
informant/Opposite Party No. 2.
2. The petitioner, husband of the informant/Opposite
Party No. 2, apprehends his arrest in a case registered for the
offence punishable under Sections 85, 115(2), 109, 319(2),
318(4), 305(a), 351(2) and 3(5) of the B.N.S. and Sections 3 and
Patna High Court CR. MISC. No.4134 of 2026(3) dt.22-04-2026
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4 of the Dowry Prohibition Act.
3. Earlier, vide order dated 19.02.2026, the matter was
referred to Mediation and Conciliation Centre, Patna High
Court. From perusal of mediator’s report dated 15.04.2026 it is
apparent that despite best efforts, the dispute between the parties
could not be resolved through the process of mediation.
4. As per prosecution case, marriage of
informant/Opposite Party No. 2 was solemnized with this
petitioner and thereafter, all the F.I.R. accused persons,
including this petitioner, started demanding dowry and due to
non-fulfillment of demand of dowry, the informant/Opposite
Party No. 2 was subjected to cruelty and harassment.
5. Learned counsel appearing on behalf of the
petitioner submits that the petitioner denies the allegations made
in the F.I.R.. As a matter of fact, petitioner never committed
torture to informant/Opposite Party No. 2 or demanded any
dowry. However, the petitioner undertakes to give Rs. 3,000/-
(three thousand rupees) per month by way of temporary
relief/solace, starting from this month, to the
informant/Opposite Party No. 2. Petitioner claims clean
antecedents.
6. Learned A.P.P. for the State and learned counsel
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appearing on behalf of the informant/Opposite Party No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner.
7. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (three thousand rupees) per month
to informant/Opposite Party No. 2, in the event of
arrest/surrender within a period of eight weeks from today, let
the petitioner, above-named, 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 Chief Judicial
Magistrate, Bhojpur, Ara in connection with Krishnagarh P.S.
Case No. 79 of 2024, subject to condition as laid down under
Section 482(2) of B.N.S.S. with further following conditions:
“(A.) Informant/Opposite Party No. 2 would file
an affidavit before the court below and bring on record
her saving bank account number for its communication
to the petitioner.
(B.) Petitioner would deposit the aforesaid
amount per month in the saving bank account of the
informant/Opposite Party No. 2 .
(C.) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months, the court
below would be at liberty to cancel the bail bond.
(D.) The aforementioned payment will be subject
to any order passed in matrimonial, maintenance or
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connected proceedings. The present order, in no way,
will preclude the parties to resolve the issue otherwise.”
(Prabhat Kumar Singh, J)
shashank/-
U T
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