Created by Fuzzy Cloud

Patna High Court

Abhishek AnandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Abhishek Anand, sought anticipatory bail fearing arrest in a criminal complaint under Section 498A IPC alleging dowry cruelty and an illicit relationship. He contended that the allegations were false, the marriage occurred on 1 December 2021, and the complaint was filed in 2022 after marital discord. He offered to pay Rs. 7,500 per month to his wife, the opposite party, subject to any maintenance order. The court considered the petition under Section 438(2) CrPC and Section 482(2) of the Bihar Negotiable Instruments (B.N.S.S) Act, 2023, and imposed conditions including a bail bond of Rs. 10,000 with two sureties, cooperation with investigation, and a payment schedule, with cancellation possible upon default. The application was disposed by granting anticipatory bail subject to these conditions.

Issues considered

  • Whether anticipatory bail should be granted in a case registered under Section 498A IPC.
  • Whether the petitioner’s offer of monthly payment and other conditions satisfy the requirements of Section 438(2) CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry harassment
  • criminal procedure
  • bail conditions
  • marital dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58122 of 2025
                     Arising Out of PS. Case No.-1616 Year-2024 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Abhishek Anand S/o Surendra Kumar Sharma R/o C-5, Radha Krishna
                 Bhawan, East of May Flower School, Jayprakash Nagar, P.S.- Digha, Distt.-
                 Patna

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Julie Anand W/o Abhishek Anand, D/o Shree Mohan Jha R/o at Radha
                 Krishna Bhawan, East of May Flower School, Jayprakash Nagar, P.S.-
                 Digha, Distt.- Patna at present residing at Bank Men's Colony, Near RN
                 college, P.S.- Hajipur, Hajipur at Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Amitabh Sohan, Advocate
                 For the Opposite Party/s :     Mr. Akbar Ali, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   21-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered under Section 498A of the IPC.

                                  3. The allegation in the present complaint relates to

                   subjecting the informant to cruelty on account of non-fulfillment

                   of demand of dowry and also the allegation of the husband

                   having an illicit relationship with his relative.

                                 4. Learned counsel for the petitioner submits that the

                   allegations made in the complaint are not correct and the

                   marriage between the parties took place on 01.12.2021 and
Patna High Court CR. MISC. No.58122 of 2025(4) dt.21-01-2026
                                            2/3




          within three months of the marriage the relationship started

          getting bitter between the parties and finally the present

          complaint came to be filed in the year 2022 with false and

          baseless allegation. The matter had earlier been sent to the Patna

          High Court Mediation Centre but the process of mediation has

          also failed.

                       5. At this stage, the learned counsel for the petitioner

          submits that the petitioner proposes to pay an amount of Rs.

          7,500/- (Rupees Seven Thousand Five Hundred) per month to

          the Opposite Party No. 2 in the first week of every month. It

          goes without saying that the aforesaid payment shall be subject

          to any order passed in matrimonial maintenance case or any

          other collateral proceeding.

                       6. In such view of the matter, let the above named

          petitioner, in the event of his arrest or surrender before the

          learned Court below within a period of four weeks, be released

          on anticipatory bail in connection with Complaint Case No.

          1616 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending subject to the condition laid down under Section 438(2)

          of the Code of Criminal Procedure/Section 482(2) of the
             Patna High Court CR. MISC. No.58122 of 2025(4) dt.21-01-2026
                                                         3/3




                       B.N.S.S, 2023 and subject to further condition that the petitioner

                       shall cooperate in the investigation/trial.

                                      7. Learned counsel for the Opposite Party No. 2,

                       under instruction, submits that the Opposite Party No. 2

                       undertakes to provide her bank account details to the petitioner

                       within a period of two weeks from today. If the Opposite Party

                       No. 2 furnishes the bank account in which the amount can be

                       transferred, and yet the petitioner fails to give the aforesaid

                       amount on two consecutive dates to Opposite Party No. 2, the

                       Opposite Party No. 2 would be at liberty to file cancellation of

                       bail.

                                    8. Accordingly, this application stands disposed of.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.