Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and a condition to deposit Rs 3,000 monthly in the complainant’s daughter’s bank account.
Summary
The petitioner, Bipin Kumar, was implicated in a complaint under Section 498‑A of the IPC alleging that he abducted a 21‑year‑old woman, solemnised a marriage, and later demanded Rs 5,00,000, subsequently ousting her from the matrimonial home. The petitioner contended that the allegations were false, that the police investigation under Section 365 IPC concluded it was a “mistake of facts”, and he offered to pay Rs 3,000 per month as living expenses to the complainant’s daughter. The opposite party accepted this offer and sought a direction for the petitioner to deposit the amount. The court, after hearing both sides, decided to grant anticipatory bail to the petitioner, subject to a bail bond of Rs 10,000, two sureties, and the condition that he deposit Rs 3,000 monthly in the daughter’s bank account. The order was made under the inherent powers of the court under Section 482(2) of the CrPC. The petitioner was thus released on anticipatory bail pending further proceedings.
Issues considered
- Whether anticipatory bail can be granted in a case instituted under Section 498‑A IPC.
- Whether the petitioner’s offer to pay maintenance influences the grant of anticipatory bail.
- Whether conditions such as monthly payment can be imposed while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 365, 498-A
Subjects
- anticipatory bail
- Section 498-A
- kidnapping
- forced marriage
- maintenance
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53505 of 2025
Arising Out of PS. Case No.-1518 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Bipin Kumar S/o Ram Jatan Yadav @ Ram Jatan Kumar R/o NIrmali Chak,
P.S.- Khusrupur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Meera Devi W/o Subhash Prasad R/o Chhatipar, P.S. - Khusrupur, Distt-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Shahid Akhtar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 04-05-2026 1. Heard learned counsel for the petitioner, learned
counsel for the Opposite Party No. 2 and learned Additional
Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1518 of 2023 in which cognizance
was taken under Section 498-A of the I.P.C.
3. As per the complaint the petitioner abducted the
daughter of the complainant, aged about 21 years on 04.04.2023
and solemnized marriage with her in a temple according to
Hindu rites and rituals. It is alleged that after three months of
the marriage, the petitioner and the the in-laws started demand-
ing Rs. 5,00,000/- from the complainant’s daughter and due to
Patna High Court CR. MISC. No.53505 of 2025(5) dt.04-05-2026
2/4
non fulfillment of the demand, the accused persons ousted
her from the matrimonial home on 30.07.2023.
4. Learned counsel for the petitioner submits that
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. It is submitted
that the complainant had lodged Khusrupur P.S. Case No. 121 of
2023 against the petitioner on 07.04.2023 under Section 365 of
the I.P.C. alleging therein that the petitioner had abducted her
daughter on 04.04.2023 however when Khusrupur Police started
to investigate the said case the Police found that there was love
affair between the petitioner and the complainant’s daughter.
The I.O. of the case submitted final form in the case stating it to
be “Mistake of facts”. However, without prejudice to the right
and contention of the petitioner and in order to maintain har-
mony in the family, the petitioner undertakes to pay a sum of
Rs. 3,000/- per month to his wife (daughter of the
Opposite Party No. 2) as “living cost” subject to the final
outcome of the present case as well as matrimonial case, if any,
pending and / or decided between the parties.
5. Learned counsel for the complainant / Opposite
Party No. 2 submits that the daughter of the complainant /
Opposite Party No. 2 is at the verge of starvation having no
Patna High Court CR. MISC. No.53505 of 2025(5) dt.04-05-2026
3/4
source of income and as such accepts the offer so made by the
petitioner and submits that the petitioner may be directed to
deposit the said amount of Rs. 3,000/- per month in the bank
account of the complainant’s daughter, details of which shall be
furnished by learned counsel for the Opposite Party No. 2 to
learned counsel for the petitioner within ten days from today.
6. After having heard learned counsel for the parties
and taking into consideration the materials on record and the
fact that offer made by the petitioner has been accepted by the
Opposite Party No. 2, as such, I am inclined to grant privilege
of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his
arrest / surrender before the learned court below within a period
of six weeks from today be released on anticipatory bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of
Ms. Pratima Kumari, J.M.F.C., Patna City in connection with
Complaint Case No. 1518 of 2023 subject to the condition as
laid down under Section 482(2) of the B.N.S.S. as well as the
following condition:-
(i) that the petitioner shall deposit a sum of
Rs. 3,000/- per month in bank account of the
Patna High Court CR. MISC. No.53505 of 2025(5) dt.04-05-2026
4/4
daughter of the Opposite Party No. 2 positively by
the 7th day of every month starting from the month
of June, 2026.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…