Patna High Court
Kishu Kumar @ Kumar KishuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner with specific monetary and procedural conditions.
Summary
The petitioner, Kishu Kumar, sought anticipatory bail in a complaint alleging dowry harassment under Section 85 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. The marriage took place on 13‑12‑2021 and the complainant alleged continuous dowry demands and cruelty. The petitioner denied the allegations but offered to pay Rs.5,000 per month as temporary relief and pledged a bail bond of Rs.10,000 with two sureties. The State and the complainant opposed the bail, but the court considered the petitioner’s clean antecedents and the mediation report indicating no settlement. The court granted anticipatory bail subject to conditions including monthly payments to the complainant and the possibility of cancellation for non‑payment, while noting the order does not preclude other matrimonial or maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under Section 85 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act
- Whether the petitioner’s undertaking to pay monthly relief and the bail bond satisfy the requirements of Section 482(2) of the CrPC
Legislation cited
- B.N.S. — s. 85
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- Section 85
- Dowry Prohibition Act
- bail conditions
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5398 of 2026
Arising Out of PS. Case No.-3019 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Kishu Kumar @ Kumar Kishu S/o- Sanjay Chaubey R/v- Sabhyata Nagar
Gali NO-11, Behind Sona Hall Raxual Ps- Raxual Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Archana Kumari W/o- Kishu Kumar, D/o- Ramanand Upadhaya R/v-
Bhashghat Ps- Chakiya Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dhannjay Kumar II, Advocate
For the State : Mr. Ram Anurag Singh, APP
For the Complainant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-06-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the complainant
/Opposite Party No. 2.
2. The petitioner, husband of the complainant
/Opposite Party No. 2, apprehends his arrest in a complaint case
registered for the offence punishable under Section 85 of the
B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act.
3. Earlier, vide order dated 03.02.2026, the matter was
referred to Mediation and Conciliation Centre, Patna High
Court. From perusal of mediator’s report dated 06.05.2026 it is
Patna High Court CR. MISC. No.5398 of 2026(4) dt.22-06-2026
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apparent that despite best efforts, the dispute between the parties
could not be resolved through the process of mediation.
4. As per prosecution case, marriage of
complainant/Opposite Party No. 2 was solemnized with this
petitioner on 13.12.2021 as per Hindu rites and rituals and
thereafter, all the accused persons, including this petitioner,
started demanding dowry and due to non-fulfillment of demand
of dowry, the complainant/Opposite Party No. 2 was subjected
to cruelty and harassment.
5. Learned counsel appearing on behalf of the
petitioner submits that the petitioner denies the allegations made
in the complaint petition. Petitioner never committed torture to
complainant/Opposite Party No. 2 or demanded any dowry.
However, the petitioner undertakes to give Rs. 5,000/- (five
thousand rupees) per month by way of temporary relief/solace,
starting from this month, to the complainant/Opposite Party No.
2. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State and learned counsel
appearing on behalf of the complainant/Opposite Party No. 2
have vehemently opposed the prayer for grant of anticipatory
bail to the petitioner.
7. In view of the undertaking of learned counsel for
Patna High Court CR. MISC. No.5398 of 2026(4) dt.22-06-2026
3/3
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 5,000/- (five thousand rupees) per month to
complainant/Opposite Party No. 2, in the event of
arrest/surrender within a period of eight weeks from today, let
the petitioner, above-named, 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 S.D.J.M., Sadar
Motihari, East Champaran in connection with Complaint Case
No. C-3019 of 2024, subject to condition as laid down under
Section 482(2) of B.N.S.S. with further following conditions:
“(A.) The Complainant/Opposite Party No. 2
would file an affidavit before the court below and bring
on record her saving bank account number for its
communication to the petitioner.
(B.) Petitioner would deposit the aforesaid
amount per month in the saving bank account of the
Complainant/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.”
(Prabhat Kumar Singh, J)
shashank/-
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