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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

Rohit Kumar petitioned the Patna High Court for anticipatory bail after a complaint (No.166/2024) alleged that he, along with family members, assaulted his wife, abducted her, and committed offences under IPC sections 323, 504, 506, 379, 498A and Section 3 of the Domestic Violence Act. The petitioner claimed innocence, stating the complaint was false and that he was willing to provide maintenance to his wife. The complainant’s counsel accepted the petitioner’s offer to pay Rs.3,000 per month as living expenses. The Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and the condition of monthly payment to the complainant. The order was made under the inherent powers of the High Court under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC and the Domestic Violence Act
  • Whether the condition of monthly payment of Rs.3,000 to the complainant is appropriate as part of bail conditions

Legislation cited

Subjects

  • anticipatory bail
  • domestic violence
  • dowry harassment
  • criminal intimidation
  • maintenance
  • IPC
  • high court order
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55303 of 2025
                 Arising Out of PS. Case No.-166 Year-2024 Thana- COMPLAINT CASE - MASAURHI Dis-
                                                        trict- Patna
                 ======================================================
                 Rohit Kumar Son of Yamuna Thakur Resident of Datiyana, P.S.- Bikram, Dis-
                 trict - Patna.


                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Khushboo Kumari Wife of Rohit Kumar D/O- Anil Thakur, Resident of vil-
                 lage - Oriyara, P.S.- Dhanarua, Distt. - Patna.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s         :       Mr.Lallu Prasad

                 For the Opposite Party/s     :       Mr.Shyam Bihari Singh

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   07-04-2026        1. Heard the parties.

                      2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 166(c) / 2024 dated 14.05.2024 registered

                   for the offence punishable under Sections 323, 504, 506, 379,

                   498(A) of the I.P.C. and Section ¾ of the D.P. Act.

                      3. The prosecution case in short is that the marriage of the

                   complainant was solemnized with the petitioner according to

                   Hindu rites and rituals five years ago and out of the wedlock one

                   girl child was born. It is alleged that all the accused persons

                   named in the complaint including the petitioner started torturing
Patna High Court CR. MISC. No.55303 of 2025(5) dt.07-04-2026
                                            2/4




          her and on 25.04.2024 all accused persons assaulted her and

          ousted her from matrimonial home after snatching her

          ornaments.

             4. Learned counsel for the petitioner submits that petitioner is

          innocent and he has not committed any offence in the manner

          alleged and has falsely been implicated in this case. He further

          submits that after five years of marriage during which three

          children has born from the wedlock the present false complaint

          has been filed by the complainant. The petitioner is ready to

          keep his wife with full dignity and honour along with children

          but the complainant herself does not want to reside with the

          petitioner. However, without prejudice to the right and con-

          tention of the petitioner and in order to maintain harmony in the

          family, the petitioner undertakes to pay a sum of Rs. 3,000/- per

          month to the opposite party no. 2 as “living cost” subject to

          final outcome of the present case as well as matrimonial case

          and / or maintenance case filed and decided between the parties.

             5. Learned counsel for the complainant / opposite party no. 2

          submits that petitioner along with his family members meted out

          cruelty to the complainant and the complainant / opposite party

          no. 2 is at the verge of starvation. However, he accepts the

          offer so made by learned counsel for the petitioner and submits
Patna High Court CR. MISC. No.55303 of 2025(5) dt.07-04-2026
                                            3/4




          that the petitioner may be directed to deposit the said amount of

          Rs. 3,000/- per month in the bank account of the complainant /

          opposite party no. 2, 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 learned counsel for the petitioner has been

          accepted by learned counsel for 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 learned S.D.J.M.,

          Masaurhi, Patna in connection with Complaint Case No. 166(c)

          / 2024 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 opposite party no. 2 positively by the 7th day
               Patna High Court CR. MISC. No.55303 of 2025(5) dt.07-04-2026
                                                           4/4




                                    of every month starting from the month of May,

                                    2026.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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