Patna High Court
Rohit Paswan @ Rohit Kumar @ Rohit Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner with conditions of a bail bond, sureties, and a monthly payment of Rs. 3,000 to the complainant.
Summary
The petitioner, Rohit Paswan, was implicated in a complaint (No. 397 C of 2019) alleging violation of Section 498-A of the IPC for demanding dowry and subjecting his wife to physical and mental torture. He applied for anticipatory bail, asserting that he had been falsely implicated and expressing willingness to pay Rs. 3,000 per month to his wife to prevent her starvation, subject to the final outcome of the case. The wife (Opposite Party No.2) accepted the offer and requested the court to direct the monthly payment. The Court, after hearing both sides, granted anticipatory bail, imposing a bail bond of Rs. 10,000 with two sureties and the condition of monthly payment of Rs. 3,000 starting 7 May 2026. The order also stipulated that the bail be effected if the petitioner is arrested or surrenders within six weeks before the lower court.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 498-A IPC.
- Whether the Court can impose a condition of monthly monetary support to the complainant as part of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 498-A
Subjects
- dowry harassment
- Section 498-A
- anticipatory bail
- bail conditions
- criminal law
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5710 of 2026
Arising Out of PS. Case No.-397 Year-2019 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
Rohit Paswan @ Rohit Kumar @ Rohit Kumar Paswan S/O Ghanshyam
Paswan R/o Vill.- Kanan, P.O - Keshopur, P.S - Jhajha, District - Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivani Devi W/O Rohit Kumar @ Rohit Paswan, D/O Late Dashrath
Paswan R/O Vill.- Khagour, Post office- Kiul R.S., P.S.- Kiul (Lakhisarai),
Dist.- Lakhisarai, 8084827499
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the State : Mr.Kumar Ranjit Ranjan
For the O.P. No. 2 : Mr. Dharmendra Kumar Raju
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 15-04-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the informant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 397 C of 2019, in which cognizance
has been taken for the offence punishable under Sections
498-A of the Indian Penal Code.
3. The prosecution case, as per the First Information Report,
is that the marriage of the Opposite Party No. 2 was
solemnized with the petitioner in the year 2015 and after
sometime, the petitioner and other family members
started demanding Rs. 3,00,000/- by way of dowry and
due to non-fulfillment of the said demand, the petitioner
Patna High Court CR. MISC. No.5710 of 2026(3) dt.15-04-2026
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and other family members tortured the Opposite Party
No. 2 physically as well as mentally and also ousted the
Opposite Party No. 2 from her matrimonial home.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of
the petitioner, and in order to maintain harmony in the
family, the petitioner is ready and willing to pay a sum of
Rs. 3,000/- per month to the Opposite Party No. 2 as
living cost, subject to the final outcome of the present
case as well as the matrimonial case, if any, pending
and/or decided between the parties.
5. Learned Counsel for the Opposite Party No. 2 accepts the
offer so made by learned Counsel for the petitioner and
submits that the Opposite Party No. 2 is on the verge of
starvation the petitioner may be directed to deposit the
said amount of Rs. 3,000/- per month in the bank account
of the 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 fifteen days
from today.
Patna High Court CR. MISC. No.5710 of 2026(3) dt.15-04-2026
3/3
6. After having heard learned Counsel for the parties and
taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the
petitioner has been accepted by learned Counsel for the
Opposite Party No. 2, I am inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. 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 bail, upon
furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Lakhisarai, in
connection with Complaint Case No. 397 C of 2019.
9. This is subject to the condition that the petitioner shall
deposit a sum of Rs. 3,000/- per month in the bank
account of Opposite Party No. 2 positively, starting from
07th May, 2026.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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