Patna High Court
Abhishek AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S., 2023
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 498A
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
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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
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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
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