Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond, sureties, and specific conditions regarding monthly payments and compliance.
Summary
Uttam Kumar, husband of Priyanka Kumari, was arrested in a dowry harassment case under sections 115(1), 85, 351(3), 3(5) of the B.N.S. and sections 3 and 4 of the Dowry Prohibition Act. He filed a bail petition, denying the allegations and offering to pay Rs.3,000 per month to his wife as temporary relief. Mediation failed, and the court considered his undertaking and the seriousness of the offences. The court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions including monthly payments, furnishing of the wife’s bank details, and possible cancellation for non‑payment. The bail order was made under Section 482 of the CrPC and is subject to any further matrimonial or maintenance orders.
Issues considered
- Whether bail can be granted in a dowry harassment case involving alleged torture and harassment.
- Whether the petitioner’s undertaking to pay monthly relief is sufficient to justify bail.
- What conditions may be imposed under Section 482 CrPC while granting bail.
Legislation cited
- B.N.S. — s. 115(1), 3(5), 351(3), 85
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry harassment
- domestic violence
- Section 482 CrPC
- mediation
- temporary relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4485 of 2026
Arising Out of PS. Case No.-20 Year-2024 Thana- MAHILA P.S. District- Rohtas
======================================================
Uttam Kumar Son of Suresh Singh R/o Village - Rupi, P.S. - Dinara, Dist. -
Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari R/o Village - Rediya, P.S. - Karagahar, Dist. - Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mrs.Sangeeta Sharma, APP
Mr. Saroj Kumar, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 07-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a case registered for the offences
under Section 115(1), 85, 351(3), 3(5) of the B.N.S. and Section
3/4 of the Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.4485 of 2026(4) dt.07-07-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the present petition and
submits that he never committed torture to opposite party no. 2
or demanded any dowry. However, the petitioner undertakes to
give Rs. 3,000/-per month by way of temporary relief/solace,
starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 S.D.J.M., Sasaram, District -
Rohtas in connection with Mahila P.S. Case No. 20 of 2024,
subject to the conditions laid down under section 482 of the
B.N.S.S. as well as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
Patna High Court CR. MISC. No.4485 of 2026(4) dt.07-07-2026
3/3
(3) 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.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance
or connected proceedings. The present order, in
no way, will preclude the parties to resolve the
issue otherwise.”
(Prabhat Kumar Singh, J)
anay
U T
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