Patna High Court
Raj Kumar @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bail bond, sureties and a condition that the wife may seek cancellation if maintenance is not paid for two consecutive months.
Summary
Petitioner Raj Kumar, husband, was implicated in a complaint alleging offences under IPC sections 498A, 406, 323, 506 and 120B, as well as Sections 3 and 4 of the Dowry Prohibition Act. He contended that the allegations were false and stemmed from a deteriorated marital relationship, and sought anticipatory bail while offering to pay a monthly maintenance of Rs.3,000 to his wife (OP No.2). The wife’s counsel argued that the maintenance offer might be a ploy and that any breach of the undertaking should lead to cancellation of bail. The Court, after hearing both sides, granted anticipatory bail under Section 438(2) of the Cr.P.C., subject to a bail bond of Rs.5,000, two sureties of equal amount, and a condition that the wife could move to cancel the bail if maintenance is not paid for two consecutive months. The order also stipulated that the maintenance arrangement would cease if a competent court fixes a different maintenance. Thus, the petitioner was released on anticipatory bail with specific conditions tied to the matrimonial dispute.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 498A, 406, 323, 506, 120B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
- Whether the Court can impose a condition of monthly maintenance on the grant of anticipatory bail.
- Whether anticipatory bail may be cancelled upon breach of the maintenance undertaking.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 120B, 323, 406, 498A, 506
Subjects
- anticipatory bail
- maintenance
- dowry prohibition
- IPC offences
- marital dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53414 of 2025
Arising Out of PS. Case No.-2062 Year-2023 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Raj Kumar @ Raj Kumar Singh S/o Ramdev Singh Resident of Jagwari,
Bagahawa Tola Dubey Patti, P.S.- Bhore, Distt.- Gopalganj, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dipanti Kumari W/o Rajkumar, D/o Bajilal Bhagat R/o Jagdari Bagwaha,
Tola- Dubey Patti, PS- Bhore, Distt.- Gopalganj Presently residing at
Babhnauli, PS- Mairwa, Distt.- Siwan, Bihar. Mob- 7870099061
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 25-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State along with learned counsel appearing
on behalf of the OP No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498A,
406, 323, 506 and 120B of the Indian Penal Code read with
Sections 3 and 4 of the Dowry Prohibition Act.
3. The learned counsel for the petitioner submits that
petitioner, being husband, has been falsely implicated in the
instant case by the OP No. 2. It is fairly submitted that presently
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the relationship in between the petitioner and the OP No. 2 has
soured to an extent where it is not possible to revive the
conjugal relationship, but with passage of time and on
intervention of well-wishers, the parties may resolve their
dispute amicably. It is also submitted that petitioner being
husband is aware of his responsibility towards his wife, as such,
petitioner is willing to pay a monthly maintenance of Rs. 3,000/-
to the OP No. 2, which shall commence from 1-4-2026.
4. Learned counsel appearing on behalf of the OP No.
2 submits that it might be a ploy of the petitioner to seek
anticipatory bail and the monthly maintenance as agreed may
not be credited in the account of the OP No. 2, on which the
learned counsel appearing on behalf of the petitioner submits
that petitioner is aware of the consequences which would entail
in the event if the petitioner breaches the undertaking given
before this Court, it is further submitted that if privilege of
anticipatory bail is granted to the petitioner and if petitioner
breaches his undertaking, in that event, his anticipatory bail
shall be liable to be cancelled, on which the learned counsel
appearing on behalf of the OP No. 2 submits that since
petitioner is willing to pay a monthly maintenance of Rs.
3,000/-, as such no useful purpose would be served by sending
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the petitioner to jail as chances of future reconciliation will also
get marred.
5. The learned counsel for the OP No. 2 also submits
that he will WhatsApp the bank account number of the OP No. 2
on the WhatsApp number of the learned counsel for the
petitioner and the learned counsel for the petitioner undertakes
to communicate the same to the petitioner so that the monthly
maintenance commences from 1-4-2026.
6. Considering the submission made by the learned
counsel for the parties, the petitioner above-named, in the event
of his arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Complaint Case No. 2062 of 2023, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that OP No. 2 shall be at
liberty to file an application before this court seeking
cancellation of the anticipatory bail granted to the petitioner, in
the event if the petitioner does not deposit the monthly
maintenance as agreed for two consecutive months.
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8. It is further made clear that the present maintenance
shall stop, if a court of competent jurisdiction fixes the
maintenance.
(Satyavrat Verma, J)
Rishabh/-
U T
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