Patna High Court
Rohit Kumar @ Rohit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties and the condition that the settlement amount be paid in full within the stipulated period.
Summary
Rohit Kumar petitioned the Patna High Court seeking bail in a criminal case (Complaint No. 306 of 2023) filed by his wife Nilam Devi under Sections 498A IPC and 3 of the Dowry Prohibition Act. The dispute is matrimonial, and both parties have agreed to dissolve the marriage under Section 13B of the Hindu Marriage Act, with the petitioner undertaking to pay a settlement of Rs. 22 lakh in seven monthly installments, the first due on 15‑09‑2025. The petitioner has already paid Rs. 9.45 lakh and promises to clear the remaining Rs. 12.55 lakh within four months. The court, noting the interim protection order dated 28‑08‑2024, granted bail on condition of a Rs.10,000 bond with two sureties, subject to Sections 438(2) CrPC and 482 of the B.N.S.S., and conditioned the bail on timely payment of the settlement. If the full amount is paid, the interim bail will be confirmed; failure to pay will result in cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner pending trial in a dowry harassment case under Section 498A IPC and Section 3 Dowry Prohibition Act
- Whether the settlement agreement and pending payment can be a condition for bail
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3
- Hindu Marriage Act — s. 13B
- Indian Penal Code — s. 498A
Subjects
- bail
- dowry harassment
- Section 498A
- Section 3 Dowry Prohibition Act
- settlement
- Hindu Marriage Act
- interim protection order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50051 of 2024
Arising Out of PS. Case No.-306 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)
======================================================
Rohit Kumar @ Rohit Kumar Singh Son Of Late Kashinath Singh Village-
Khanethi, Po- Bhadaula, Ps- Kudra, Dist- Kaimur (Bhabua), P/A- Plot No. 66,
Bajrang Nagar, Ashokpuram Colony Near Pitambari Hospital, Po- Daffi, Dist-
Varanasi, Up
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nilam Devi Wife Of Rohit Kumar Singh Plot No. 66, Bajrang Nagar,
Ashokpuram Colony Near Pitambari Hospital, Po- Daffi, Dist- Varanasi, Up
At Present- Ward No. 6 (Bhabua), Shakuntala Hospital, Ps- Bhabua, Dist-
Kaimur (Bhabua)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sadanand Roy, Advocate
For the State : Mr. Lakshmi Kant Sharma, A.P.P.
For the Informant : Mr. Vishal Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
10 09-02-2026 Heard the learned counsel for the petitioner, the learned
counsel for the informant and the learned A.P.P. for the State.
2. On 27.08.2025, the following order was passed:-
Heard learned counsel for the
petitioner as well as the learned APP for the State.
2. The petitioner apprehends his
arrest in connection with Complaint Case No. 306 of
2023, registered for the offences punishable under
Sections 498(A) of the Indian Penal Code and Sections ¾
of the Dowry Prohibition Act.
3. It is a case of matrimonial dispute.
The complainant is wife of the petitioner. She alleges
atrocities by her husband and his family members for non-
fulfillment of demand of dowry.
4. Learned counsel for the petitioner
has submitted that the matter has become irretrievable
and both the parties have decided to file an application
under Section 13(B) of the Hindu Marriage Act for
dissolution of the marriage. It has also been agreed that
Patna High Court CR. MISC. No.50051 of 2024(10) dt.09-02-2026
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the petitioner shall make payment of Rs. 22 lacs to the
complainant as one-time settlement. He further submitted
that the petitioner shall pay the entire amount (Rs. 22
lacs) to the complainant in seven equal monthly
installments. The first installment shall be paid on
15.09.2025.
5. Learned counsel for the
complainant is in agreement with the submission of the
learned counsel for the petitioner.
6. Considering the above-mentioned
facts and circumstances, list the matter on 22.09.2025.
7. In the meantime, interim
protection granted to the petitioner vide order dated
28.08.2024 shall continue.
3. Pursuant to this order, the petitioner has paid Rs.
9,45,000/- (Nine Lakh and Forty Five Thousand) to the O.P. No. 2
(wife) and he further undertakes to pay the balance amount of
12,55,000/- (Twelve Lakh and Fifty Five Thousand) within four
months.
4. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks from
today, the petitioner, above named, be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned S.D.J.M,
Kaimur at Bhabua in connection with Complaint Case No. 306 of
2023, subject to the conditions laid down in Section 438 (2) of the
Cr. P.C, Section 482 of the B.N.S.S.
5. Petitioner shall continue paying the balance amount of
within four months and if the entire amount is paid to the O.P. No. 2,
the interim bail granted to the petitioner shall be confirmed by the
Patna High Court CR. MISC. No.50051 of 2024(10) dt.09-02-2026
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Court below.
6. In case the petitioner fails to make the payment within
four months, the court below will cancel the interim bail granted to
the petitioner.
(Sandeep Kumar, J)
vashudha/-
U T
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