Patna High Court
Rakesh Sah @ Laddu Sah @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 313, 323, 34, 341, 498A
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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