Created by Fuzzy Cloud

Patna High Court

Praveen Kumar Singh @ Pravindra Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.