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Patna High Court

Harendra TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and specific monetary and procedural conditions.

Summary

The petition for anticipatory bail was filed by Sushil Kumar Tiwari, who is accused of offences under Sections 85, 89, 126(2), 115(2) and 3(5) of the B.N.S. and Section 4 of the Dowry Prohibition Act for alleged torture and harassment of his wife, Komal Kumari, for dowry. Earlier, a related bail petition by his father was dismissed as withdrawn. Mediation ordered by the court failed to resolve the dispute. The petitioner denied the allegations and offered to pay a monthly sum of Rs.5,000 to the wife as temporary relief. The court, considering the undertaking, granted anticipatory bail on a bond of Rs.10,000 with two sureties and imposed specific conditions, including monthly payments and an affidavit by the wife, with the power to cancel bail for non‑compliance. The anticipatory bail petition was therefore disposed of in favour of the petitioner.

Issues considered

  • What is the appropriateness of granting anticipatory bail to a person accused of dowry‑related offences and other criminal charges?
  • Can the court impose monetary and procedural conditions on the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • criminal procedure
  • Section 482 CrPC
  • mediation
  • bail conditions
  • maintenance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51461 of 2025
                    Arising Out of PS. Case No.-25 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
           1.     Harendra Tiwari S/O Late Ramanand Tiwari R/O Vill.- Purendrapur, Shani
                  Bazar Areraj, P.S.- Malahi, P.O.- Malahi, Dist.- East Champaran.
           2.    Sushil Kumar Tiwari S/O Harendra Tiwari R/O Vill.- Purendrapur, Shani
                 Bazar Areraj, P.S.- Malahi, P.O.- Malahi, Dist.- East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Komal Kumari W/O Sushil Kumar Tiwari, D/O Arun Pathak R/O Vill.-
                 Mahamada Chabutala, P.S. and P.O.- Mehsi, Dist.- East Champaran- 845426

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Alok Chandra, Adv.
                 For the State           :        Mr. Md. Matloob Rab
                 For the OP-2            :        Mr. Shambhu Nr. Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   08-01-2026                   The present bail petition already stood dismissed as

                   withdrawn in respect of petitioner no. 1 (Harendra Tiwari), vide

                   order dated 29.07.2025.

                                2. Heard learned counsel for the petitioner (Sushil

                   Kumar Tiwari), learned A.P.P. for the State and learned counsel

                   for the informant / opposite party no. 2.

                                3. The petitioner, who is husband of opposite party no.

                   2, apprehends his arrest in a case registered for the offences

                   under Sections 85, 89, 126(2), 115(2) and 3(5) of the B.N.S. and

                   Section 4 of the Dowry Prohibition Act.

                                4. As per F.I.R., petitioner is alleged to have
Patna High Court CR. MISC. No.51461 of 2025(4) dt.08-01-2026
                                            2/3




          committed torture and harassment with opposite party no. 2 for

          dowry.

                       5. Pursuant to order dated 08.10.2025, the matter was

          referred to Mediation & Conciliation Centre of Patna High

          Court, but the dispute between the parties could not be resolved

          through the process of mediation and as such, mediation failed.

                       6. Learned counsel for the petitioner submits that

          petitioner denies the allegation made in the present petition and

          submits that he never committed torture to opposite party no. 2

          or demanded any dowry. However, the petitioner undertakes to

          give Rs. 5,000/-per month by way of temporary relief/solace,

          starting from this month, to the opposite party no.2.

                       7. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

          relief/solace of Rs. 5,000/- (Rupees five thousand) per month

          to the opposite party no. 2, in the event of arrest/surrender

          within a period of eight weeks from today, let the above-named

          petitioner (Sushil Kumar Tiwari) be enlarged on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Sessions Judge, East Champaran, Motihari / concerned Court in

          connection with Malahi P.S. Case No. 25 of 2025, subject to the
           Patna High Court CR. MISC. No.51461 of 2025(4) dt.08-01-2026
                                                       3/3




                     conditions laid down under Section 482 of the B.N.S.S. as well

                     as on the following conditions:-

                                  “(A) Opposite party no. 2 would file an affidavit
                                       before the court below and bring on record her
                                       savings       bank      account    number   for   its
                                       communication to the petitioner.
                                  (B) Petitioner would deposit the aforesaid amount
                                       per month in the savings bank account of the
                                       opposite party no. 2.
                                  (C) In case, the petitioner fails to deposit the
                                       aforesaid amount for two consecutive months,
                                       the court below would be at liberty to cancel
                                       the bail-bond.
                                  (D) The aforementioned payment will be subject to
                                       any order passed in matrimonial, maintenance
                                       or connected proceedings. The present order, in
                                       no way, will preclude the parties to resolve the
                                       issue otherwise.”


                                  8. The anticipatory bail petition is, accordingly,

                      disposed of.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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