Patna High Court
Praveen Kumar Singh @ Pravindra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and a condition that failure to pay the agreed maintenance for two consecutive months would allow cancellation of the bail.
Summary
The petitioner, Praveen Kumar Singh, sought anticipatory bail fearing arrest in a case involving offences under IPC sections 323, 341, 498A and 379, together with Sections 3 and 4 of the Dowry Prohibition Act. He alleged marital discord with his wife (OP No.2), claimed false implication of his mother, and offered to pay a monthly maintenance of Rs.5,000 from 11‑May‑2026. The wife’s counsel argued the bail request was a ploy but also noted the maintenance offer, while the petitioner’s counsel assured compliance and highlighted the adverse effect of jail on reconciliation. The Court, applying Section 438(2) of the CrPC, granted anticipatory bail on condition of a Rs.5,000 bond with two sureties and stipulated that failure to pay maintenance for two consecutive months would permit the wife to seek cancellation of the bail. The order also stated that any maintenance fixed by a competent court would supersede the agreed amount.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under IPC 323, 341, 498A, 379 and the Dowry Prohibition Act.
- What conditions may be imposed on anticipatory bail, particularly concerning maintenance obligations.
- Whether non‑payment of agreed maintenance can be a ground for cancellation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 379, 498A
Subjects
- anticipatory bail
- Section 438 CrPC
- dowry prohibition
- maintenance
- marital dispute
- criminal offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46211 of 2025
Arising Out of PS. Case No.-570 Year-2021 Thana- MASHRAK District- Saran
======================================================
Praveen Kumar Singh @ Pravindra Kumar Singh Son of Late Shatrughan
Singh Village- Bahadurpur, P.O and P.S- Mashrakh, Dist- Saran at chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Reema Singh @ Reema Devi Wife of Pravindra Kumar Singh Village-
Kritpura Bangara, Ps- Baikunthpur, Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Adv
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
Mr. Udai Shankar Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 01-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the OP No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 323, 341,
498A and 379 of the Indian Penal Code read with Sections 3 and
4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that the
case was taken up on 15-9-2025 wherein a detailed order was
recorded and the petitioner had even submitted that his family
members on account of conduct of the OP No. 2 is aggrieved by
her; and his younger brother is getting married against whom
Patna High Court CR. MISC. No.46211 of 2025(5) dt.01-05-2026
2/4
the OP NO. 2 had alleged that he attempted to commit rape, as
such he was not getting married, but his marriage got fixed
hence the family members did not want any kind of disturbance
in the marriage, as such it was submitted that may by after
marriage of his brother, an attempt would be made to revive the
conjugal relationship.
4. The learned counsel for the petitioner next submits
that the relationship has not improved rather has deteriorated. It
is also submitted that on account of false implication of his
mother, she has lost her mental balance and is being treated at
Banaras at Manshik Chikitsalaya. It is further submitted that the
relationship in between the petitioner and the OP No. 2 has
soured to an extent where it is not possible to revive the
conjugal relationship, but with passage of time and on
intervention of well-wishers, the parties may resolve their
dispute amicably. It is next submitted that petitioner is
employed as a Salesman in a shop which sells parts of
Mahendra vehicles and earns Rs. 23,000/-. It is also submitted
that petitioner is willing to pay a monthly maintenance of Rs.
5,000/- to the OP No. 2, which shall commence from 11-5-2026
and petitioner will also ensure the responsibility of the child.
5. Learned counsel appearing on behalf of the OP No.
Patna High Court CR. MISC. No.46211 of 2025(5) dt.01-05-2026
3/4
2 submits that it might be a ploy of the petitioner to seek
anticipatory bail and after obtaining anticipatory bail, the
monthly maintenance as agreed may not be credited in the
account of the OP No. 2, on which the learned counsel
appearing on behalf of the petitioner submits that petitioner is
aware of the consequences which would entail in the event if the
petitioner breaches the undertaking given before this Court, it is
further submitted that if privilege of anticipatory bail is granted
to the petitioner and subsequently if the petitioner breaches his
undertaking, in that event, his anticipatory bail shall be liable to
be cancelled, on which the learned counsel appearing on behalf
of the OP No. 2 submits that since petitioner is willing to pay a
monthly maintenance of Rs. 5,000/-, as such no useful purpose
would be served by sending the petitioner to jail as chances of
future reconciliation will also get marred.
6. The learned counsel for the OP No. 2 also submits
that he will WhatsApp the bank account number of the OP No. 2
on the WhatsApp number of the learned counsel for the
petitioner and the learned counsel for the petitioner undertakes
to communicate the same to the petitioner so that the monthly
maintenance commences from 11-5-2026.
7. Considering the submission made by the learned
Patna High Court CR. MISC. No.46211 of 2025(5) dt.01-05-2026
4/4
counsel for the parties, the petitioner above-named, in the event
of his arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 5,000/- (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
Mashrak PS Case No. 570 of 2021, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
8. However, it is made clear that OP No. 2 shall be at
liberty to file an application before this court seeking
cancellation of the anticipatory bail granted to the petitioner, in
the event if the petitioner does not deposit the monthly
maintenance as agreed for two consecutive months.
9. It is further made clear that the present
maintenance shall stop, if a court of competent jurisdiction fixes
the maintenance.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…