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Patna High Court

Rakesh Sah @ Laddu Sah @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions, and ordered interim maintenance of Rs 3,000 per month.

Summary

The petitioner, Rakesh Kumar, was implicated in a matrimonial dispute case (PS Turkauliya Case No. 42 of 2025) involving offences under IPC sections 341, 323, 313, 498A and 34, and the Dowry Prohibition Act. Mediation ordered on 26‑11‑2025 failed to resolve the matter. The petitioner claimed innocence, asserted inability to pay more than Rs 3,000 per month as interim maintenance, and sought anticipatory bail. The State opposed the bail. The Court, considering the petitioner’s willingness to pay interim maintenance, granted anticipatory bail on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC, and directed the petitioner to pay Rs 3,000 monthly as interim maintenance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC
  • Whether the petitioner should be ordered to pay interim maintenance to the complainant

Legislation cited

Subjects

  • anticipatory bail
  • matrimonial dispute
  • dowry prohibition
  • interim maintenance
  • IPC
  • CrPC
  • mediation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46475 of 2025
                 Arising Out of PS. Case No.-42 Year-2025 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Rakesh Sah @ Laddu Sah @ Rakesh Kumar S/o- Chhabila Sah Village-
                 Turkauliya W.No- 7, P.S-Turkauliya, Dist- East Champaran ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Sapna Kumari W/o- Rakesh Kumar Village- Chhota Bariyarpur Ps-
                  Chhatauni Dist- East Champaran           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashutosh Kumar
                 For the Opposite Party/s :      Mr.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   11-02-2026                     Heard learned counsel for the petitioner as well as

                   learned APP for the State and the learned counsel for O.P. No. 2.

                                2. The petitioner apprehends his arrest in connection

                   with Turkaudiya P.S. Case No. 42 of 2025, registered for the

                   offences punishable under Sections 341, 323, 313, 498A/34 of the

                   Indian Penal Code read with Sections ¾ of the Dowry Prohibition

                   Act.

                                3. It is a case of matrimonial dispute.

                                4. Vide order dated 26.11.2025, the matter was referred

                   to the Mediation Center. The report of the learned Mediator shows

                   that the matter could not be resolved between the parties and

                   therefore, the mediation failed.

                                5. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that the petitioner is ready to

                   pay the interim maintenance to the complainant but on query of
           Patna High Court CR. MISC. No.46475 of 2025(4) dt.11-02-2026
                                                       2/2




                     this Court, he expressed his inability to pay more than Rs. 3,000/-

                     per month to the complainant as he is a labourer.

                                  6. On the other hand, the learned counsel for O.P. No. 2

                     has opposed the prayer for bail.

                                  7.    Considering       the    above-mentioned   facts   and

                     circumstances, especially the fact that the petitioner is ready to pay

                     Rs. 3,000/- per month as interim maintenance to opposite party no.

                     2, let the petitioner, in the event of his arrest or surrender within

                     four weeks before the learned court below, be released on

                     anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand)         with two sureties of the like amount each to the

                     satisfaction of learned CJM, Motihari, East Champaran in

                     connection with Turkaudiya P.S. Case No. 42 of 2025, subject to

                     the conditions as laid down under Section 438(2) Cr.P.C.

                                  8. The petitioner is directed to pay Rs. 3,000/- per

                     month as interim maintenance to opposite party no. 2 (the

                     complainant). The interim maintenance will be subject to any

                     other order granted by any other Court of competent

                     jurisdiction granting maintenance to Opposite Party No. 2 (the

                     complainant).


                                          (Nawneet Kumar Pandey, J)
Nirmal/-
U      T


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