Patna High Court
Harendra TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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 Earlier, a related bail petition by his father was dismissed as withdrawn.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
- B.N.S. — s. 115(2), 126(2), 3(5), 85, 89
- Dowry Prohibition Act — s. 4
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
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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
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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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