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Patna High Court

Mukesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bail bonds, sureties and a condition that the maintenance amount be paid, with provision for cancellation if the condition is breached.

Summary

Mukesh Sah, the husband, sought anticipatory bail in a criminal case where he was implicated under several IPC offences, notably Section 498A, and a provision of the Dowry Prohibition Act. He contended that the allegations were false, the dispute was matrimonial, and he was willing to pay a monthly maintenance of Rs 5,000 to his wife, Pooja Kumari, and their child. The wife’s counsel argued that the maintenance offer might be a ploy to obtain bail and warned that bail could be cancelled if the payment was not made. The court considered the submissions and, invoking Section 438(2) of the Criminal Procedure Code, granted anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties of Rs 5,000 each, and that the wife could move to cancel the bail if maintenance is not paid for two consecutive months. The order also clarified that any later maintenance order by a competent court would supersede the interim arrangement.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case cognizable under IPC 498A and other offences
  • Whether the petitioner’s undertaking to pay maintenance can be a condition for granting anticipatory bail and its enforceability

Legislation cited

Subjects

  • anticipatory bail
  • maintenance
  • marital dispute
  • IPC 498A
  • Criminal Procedure Code
  • Dowry Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42052 of 2025
                 Arising Out of PS. Case No.-3691 Year-2023 Thana- SARAN COMPLAINT CASE District-
                                                          Saran
                 ======================================================
                 Mukesh Sah S/O Late Dev Kumar Sah R/O Village- Garkha, P.S- Garkha,
                 District- Chapra (Saran).

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Pooja Kumari W/O Mukesh Sah, D/O Sanjay Sah R/O Village- Garkha, P.S-
                 Garkha, Distt.- Saran (Chapra), at present R/O Village- Kuldeep Nagar (44
                 Number Dhala Ke Pass), P.S- Chapra Muffasil, Distt.- Saran (Chhapra).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Alok Kumar Alok
                 For the Opposite Party/s :     Mr. Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State along with learned counsel appearing on

                   behalf of the O.P. No.2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 323, 341,

                   379, 504, 506, 498A of the Indian Penal Code and Sections ¾

                   D.P. Act but cognizance has been taken under Section 498(A) of

                   the Indian Penal Code.

                                3. Learned counsel for the petitioners submits that

                   petitioner being husband is a person with clean antecedent and

                   has been falsely implicated in the instant case by the O.P. No. 2.

                   It is next submitted that the dispute is matrimonial. It is further
Patna High Court CR. MISC. No.42052 of 2025(4) dt.23-02-2026
                                            2/4




          submitted that mediation in between the parties have failed but

          then it is submitted that petitioner being husband is aware of his

          responsibility towards the O.P. No.2 and the child, who

          presently is staying with her. It is also submitted that no useful

          purpose would be served by sending the petitioner to jail since

          the petitioner is willing to pay a monthly maintenance of

          Rs.5000/- to the O.P No.2. which shall commence from

          01.03.2026. It is also submitted that may be with passage of

          time and on intervention of well wishers, the petitioner and the

          O.P. No.2 may resolve their dispute amicably.

                       4. The learned counsel appearing on behalf of the O.P.

          No.2 submits that no useful purpose would be served by sending

          the petitioner to jail since the petitioner is willing to pay a

          monthly maintenance of Rs.5000/- to the O.P No.2. It is next

          submitted that in the event if the petitioner is sent to jail, the

          chances of any future reconciliation shall also become bleak but

          then it is submitted that it may be a ploy on part of the petitioner

          to seek anticipatory bail by assuring the court that he is ready to

          pay a monthly maintenance of Rs.5000/-, on which, the learned

          counsel appearing on behalf of the petitioner submits that he has

          instruction to make submission that in the event if petitioner

          resiles from the undertaking given to this Court, in that event,
Patna High Court CR. MISC. No.42052 of 2025(4) dt.23-02-2026
                                            3/4




          his anticipatory bail be cancelled. At this stage, the learned

          counsel appearing on behalf of O.P. No.2 submits that he will

          whatsapp the bank account number of the O.P. No.2 on the

          whats app number of the learned counsel appearing on behalf of

          the petitioner. The learned counsel appearing on behalf of the

          petitioner undertakes to communicate the same to the petitioner

          so that the monthly maintenance as agreed commences from

          01.03.2026.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees

          Five Thousand) with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is

          pending/successor court in connection with Complaint Case

          No.3691/2023, subject to the conditions as laid down under

          Section 438 (2) of the Cr.P.C.

                       6. However, the O.P No.2 shall be at liberty to file an

          application seeking cancellation of the anticipatory bail granted

          to the petitioner in the event if the petitioner does not deposit the

          amount of maintenance, as agreed, for two consecutive months.
             Patna High Court CR. MISC. No.42052 of 2025(4) dt.23-02-2026
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                                    7. It is also made clear that if a Court of competent

                       jurisdiction fixes the maintenance, in that event, the present

                       maintenance shall stop.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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