Patna High Court
Mukesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 341, 379, 498A, 504, 506
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
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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,
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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.
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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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