Patna High Court
Kumod Yadav @ Kumod Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Kumod Yadav, sought anticipatory bail in a complaint (No. 2189 of 2024) alleging offences under Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita relating to dowry harassment and assault. The prosecution alleged that after marriage the petitioner’s in‑laws demanded additional dowry and later assaulted the complainant. The petitioner denied any wrongdoing and offered to pay Rs. 3,000 per month to the complainant to maintain family harmony, an offer accepted by the complainant’s counsel. The court considered the petition, the acceptance of the payment offer, and the risk of the petitioner fleeing. It granted anticipatory bail subject to a cash deposit, sureties and the condition of monthly payments to the complainant. The order directed the petitioner to surrender within six weeks if arrested and to comply with the payment condition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner poses a flight risk or threat to the investigation.
- Whether imposing a condition of monthly payment to the complainant is appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 85
Subjects
- anticipatory bail
- dowry harassment
- Section 85 B.N.S.S.
- Section 3(5) B.N.S.S.
- Section 482 B.N.S.S.
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4300 of 2026
Arising Out of PS. Case No.-2189 Year-2024 Thana- COMPLAINT CASE District- Araria
======================================================
Kumod Yadav @ Kumod Kumar Yadav S/o Birendra Yadav Resident of
village - Raharia Manulahpatti, ward no. 9, P.S.- Bhargama, Distt.- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dimpal Kumari D/o Sikandra Yadav, W/o Kumod Yadav R/o vill - Indarpur,
ward no. 2, P.S.- Raniganj, Distt.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana
For the Opposite Party/s : Mr. Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 15-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 2189 of 2024, registered for the
offences punishable under Sections 85 and 3(5) of Bharatiya
Nyaya Sanhita.
3. The prosecution case, in brief, is that the marriage
of the complainant was solemnized with the petitioner on
28.04.2021, and at the time of marriage, Rs. 5,51,000/- cash
along with other household articles was given. After marriage,
the complainant went to her matrimonial home and was blessed
with a son. After some time, the husband and in-laws of the
complainant started harassing her by demanding Rs. 1,00,000/-,
Patna High Court CR. MISC. No.4300 of 2026(3) dt.15-04-2026
2/3
a motorcycle, and a buffalo as dowry. On 30.10.2024, she was
assaulted and attempt was made to burn her, after which she
somehow saved her life and went to her parental home.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. However,
without prejudice to the right and contention of the petitioner,
and in order to maintain harmony in the family, the petitioner is
ready and willing to pay a sum of Rs. 3,000/- per month to the
Opposite Party No. 2 as living cost, subject to the final outcome
of the present case as well as the matrimonial case, if any,
pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite
Party No. 2 accepts the offer so made by learned Counsel for the
petitioner and submits that O.P. No. 2 is at the verge of
starvation and the petitioner may be directed to deposit the said
amount of Rs. 3,000/- per month in the bank account of the
complainant-Opposite Party No. 2, details of which shall be
furnished by learned Counsel for the Opposite Party No. 2 to
learned Counsel for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties
and taking into consideration the materials on record and the
Patna High Court CR. MISC. No.4300 of 2026(3) dt.15-04-2026
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fact that the offer made by learned Counsel for the petitioner has
been accepted by learned Counsel for the Opposite Party No. 2,
I am inclined to grant the petitioner privilege of anticipatory
bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
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, First Class, Araria, in connection with Complaint
Case No. 2189 of 2024, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
condition:-
(i) that the petitioner shall deposit a sum of Rs.
3,000/- per month in bank account of the Opposite Party No. 2
positively by the 7th day of every month starting from the month
of May, 2026.
(Anil Kumar Sinha, J)
Siwani/-
U T
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