Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties and continued maintenance payments.
Summary
Subhash Kumar, husband of Ganga Kumari, was arrested in connection with a FIR under several sections of the Bharatiya Nagrik Suraksha Sanhita and the Dowry Prohibition Act. He had earlier filed a restitution of conjugal rights suit under the Hindu Marriage Act and was paying interim maintenance of Rs.3,000 per month as directed by the Family Court. The State alleged that Kumar had entered into a second marriage, causing hardship to his wife and children, and opposed his bail. The petitioner argued his bona‑fide intent to continue the marriage and offered to pay an additional Rs.2,000 for the children. The Patna High Court, applying Section 482(2) of the B.N.S., granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition to continue monthly payments of Rs.5,000 to the wife until the family court’s final order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita despite serious allegations under the Dowry Prohibition Act.
- Whether the petitioner’s payment of maintenance and his claim of bona‑fide intent affect the bail decision.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 115, 126, 3, 303, 482, 82, 85
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 9
Subjects
- anticipatory bail
- maintenance
- dowry prohibition
- family law
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49136 of 2025
Arising Out of PS. Case No.-39 Year-2024 Thana- MAHILA P.S. District- Madhubani
======================================================
Subhash Kumar son of Mohit Paswan village- Ukhada P.S- Bishanpur
District-Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ganga Kumari Wife of Subhash Kumar village- Ukhada P.S- Bishanpur
District-Darbhanga At P/A- Resident in her father house namely pramod
Paswan Village- Bhauara Mahaseth Pokhar Ward No 43 Ps and Dist-
Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
For the Informant : Mr. Shivam Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned Advocate for the petitioner, learned
Advocate for the informant and the learned Additional Public
Prosecutor for the State.
2. The petitioner happens to be husband of the O.P.
No. 2 apprehends his arrest in connection with Madhubani
Mahila P.S. Case No. 39 of 2024, registered for the offences
punishable under Sections 126(2), 115(2), 85, 82(1), 303(2) and
3(5) of the B.N.S and Sections 3 and 4 of the Dowry Prohibition
Act.
3. Considering the nature of the dispute, as has arisen
on account of a matrimonial discord, the matter was referred to
Patna High Court CR. MISC. No.49136 of 2025(3) dt.21-01-2026
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the Patna High Court Mediation and Reconciliation Centre.
However, the dispute could not be resolved and this matter has
been listed before this Court again.
4. Learned Advocate for the petitioner submitted that
prior to the institution of the present FIR, the petitioner had filed
a Matrimonial Case No. 171 of 2023, under Section 9 of the
Hindu Marriage Act for restitution of conjugal right and, as
such, his bona fide was writ large, that he wanted to continue
with the marriage but on the instigation made by some
unscrupulous family members, the FIR has been instituted. It
has also been apprised to this Court that one maintenance case
has also been filed by the O.P. No. 2, and in pursuant to the
direction of the Family Court, the petitioner has been paying
interim maintenance to the tune of Rs. 3,000/- per month.
5. On the other hand, learned Advocate for the State
and the informant while opposing the prayer for bail has
submitted that the petitioner has already solemnized another
marriage and this is the reason that O.P. No. 2 refused to reside
with the petitioner. This fact cannot be denied that the couple
blessed with two children and both the children are living with
the O.P. No. 2, but because of any financial assistance, she is
facing extreme hardship in nurturing her children.
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6. At this juncture, learned Advocate for the petitioner
shown his bona fide and on request of this Court submits that he
will also ensure payment of Rs. 2,000/-, besides interim
maintenance, in the name of the children.
7. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the materials discussed hereinabove, this Court is acceded to the
prayer for anticipatory bail of the petitioner, let the petitioner
above named be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
SDJM, Madhubani in connection with Madhubani Mahila P.S.
Case No. 39 of 2024, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
with the further condition that one of the bailors shall be the
own/close family members of the petitioner.
8. It is made clear that the petitioner shall ensure
payment of Rs. 3,000/- + Rs. 2,000/- in the bank account of the
O.P. No. 2 in the last week of every month, till any final order is
passed by the Family Court in the maintenance case.
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9. It is expected that the petitioner shall stand on the
undertaking given before this Court, failing which appropriate
order shall be passed.
(Harish Kumar, J)
shivank/-
U T
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