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Patna High Court

Jaybindra Kumar @ Jaibindar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to payment of interim maintenance of Rs.10,000 per month and compliance with bail bond conditions.

Summary

The petitioner, Jaybindra Kumar, sought anticipatory bail in a dowry harassment case (Sigori P.S. Case No.146 of 2024) where he was accused of torturing his wife for a dowry of Rs.15 lakh and land. He claimed innocence and inability to pay more than Rs.10,000 per month as interim maintenance to his wife, the informant. The court considered the allegations under Sections 191(2), 190, 115(2), 126(2), 127(2) and 85 of the B.N.S. and the petition for bail under Section 438(2) of the Cr.P.C. The court granted anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and ordered the petitioner to pay Rs.10,000 monthly as interim maintenance. Failure to pay would lead to cancellation of the bail bond. The informant was directed to provide his bank account details for the maintenance payments.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the serious dowry harassment allegations.
  • Whether the petitioner should be ordered to pay interim maintenance to his wife pending final determination of the case.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • interim maintenance
  • CrPC
  • B.N.S.
  • family law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49135 of 2025
                        Arising Out of PS. Case No.-146 Year-2024 Thana- SIGAUDI District- Patna
                 ======================================================
                 Jaybindra Kumar @ Jaibindar Kumar S/O Late Deo Kumar @ Upendra
                 Kumar Sinha R/o Village- Bahadurganj, PS- Sigori, district- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Ritu Kumari W/O Jaybindra Kumar @ Jaibindar Kumar, D/O Awadesh
                 Prasad At present,R/O Village-Barni Road,Masaurhi, PS-Masaurhi,Distt-
                 Patna. Permanent R/O Vill - Bahadurganj, P.S. Sigori, Dist.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   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     Sigori P.S. Case No. 146 of 2024, registered for the

                   offence punishable under Sections-191(2), 190, 115(2), 126(2),

                   127(2), 85 of B.N.S.

                                3. The allegation against the petitioner who is

                   husband of the complainant is that he tortured his wife for non

                   fulfillment of demand of dowry of Rs. 15,00,000/- and a piece

                   of land.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated.
Patna High Court CR. MISC. No.49135 of 2025(5) dt.11-02-2026
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          On query of the court, the learned counsel has submitted that the

          petitioner cannot afford to pay more than Rs. 10,000/- per

          month as interim maintenance to opposite party no. 2.

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

          2 has opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the above-mentioned facts and

          circumstances, especially the fact that the petitioner is ready to

          pay Rs. 10,000/- 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 Judicial Magistrate-Ist Class,

          Danapur, Patna in connection with Sigori P.S. Case No. 146 of

          2024, subject to the conditions as laid down under Section

          438(2) Cr.P.C./ 482(2) of BNSS, 2023.

                        7. The petitioner is directed to pay Rs. 10,000/- per

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

          informant). The interim maintenance granted by this Court shall

          be subject to adjustment, if any other court grants maintenance

          to the opposite party no. 2.
            Patna High Court CR. MISC. No.49135 of 2025(5) dt.11-02-2026
                                                        3/3




                                   8. If the petitioner fails to make payment of

                      maintenance amount, the bail bonds of the petitioner shall be

                      cancelled.

                                   9. The learned counsel for the informant is directed to

                      provide his bank account to the learned counsel for the

                      petitioner and in that account, the petitioner shall make payment

                      of the aforesaid amount.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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