Created by Fuzzy Cloud

Patna High Court

Sunit Kumar @ Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that anticipatory bail could be granted to the petitioner, subject to a bond and specific conditions, despite the serious nature of the allegations.

Summary

The petitioner, Sunit Kumar, sought anticipatory bail in a case where he was accused under IPC sections 323, 341, 498A, 504, 506 and 34, and Dowry Prohibition Act sections 3 and 4 for allegedly demanding dowry and subjecting his wife to cruelty. Mediation efforts failed, and the prosecution alleged that the petitioner and co‑accused demanded dowry, leading to harassment of the informant, who is the petitioner's wife. The petitioner denied all allegations and offered to pay a temporary relief of Rs 3,000 per month to the informant if arrested, asserting a clean record. The State and the informant opposed the bail, but the Court, considering the petitioner’s undertaking, granted anticipatory bail subject to a Rs 10,000 bond, two sureties and specific conditions under Section 482(2) of the CrPC. The bail order also required the petitioner to deposit the monthly amount into the informant’s savings account and allowed cancellation if payments were missed for two consecutive months.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious dowry‑related charges
  • Whether the petitioner’s offer of monthly payment and clean antecedents justify bail
  • Whether conditions under Section 482(2) of the CrPC may be imposed on the bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • mediation
  • bail conditions
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58179 of 2025
                     Arising Out of PS. Case No.-44 Year-2024 Thana- MAHILA P.S. District- Bhagalpur
                 ======================================================
                 Sunit Kumar @ Sumit Kumar S/O Lt. Bhola Mandal R/O Mohalla-
                 Santnagar, Barari, P.S.- Barari, Dist.- Bhagalpur, Bihar

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Varsha Kumari W/O Sunit Kumar @ Sumit Kumar R/O Mohalla- Santnagar,
                 Barari, P.S.- Barari, Dist.- Bhagalpur, Bihar. ( At Present residing at
                 Mohalla- Maurya Nagar Colony, Salepur, P.S.- Habibpur, Dist.- Bhagalpur,
                 Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Devendra Prasad Singh, Advocate
                 For the State            :        Mr. Narsingh Tanti, APP
                 For the Informant        :        Mr. Kamal Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   08-01-2026                  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 informant/Opposite

                   Party No. 2.

                                2. The petitioner, husband of the informant/Opposite

                   Party No. 2, apprehends his arrest in a case registered for the

                   offence punishable under Sections 323, 341, 498A, 504, 506 and

                   34 of the Indian Penal Code and Sections 3 and 4 of the Dowry

                   Prohibition Act.

                                3. Earlier, vide order dated 01.09.2025, the matter was

                   referred to Mediation and Conciliation Centre, Patna High
Patna High Court CR. MISC. No.58179 of 2025(3) dt.08-01-2026
                                            2/3




          Court. From perusal of mediator’s report dated 22.12.2025 it is

          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

          informant/Opposite Party No. 2 was solemnized with this

          petitioner and thereafter, all the F.I.R. accused persons,

          including this petitioner, started demanding dowry and due to

          non-fulfillment of demand of dowry, the informant/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 F.I.R.. As a matter of fact, petitioner never committed

          torture to informant/Opposite Party No. 2 or demanded any

          dowry. However, the petitioner undertakes to give Rs. 3,000/-

          (three thousand rupees) per month by way of temporary

          relief/solace,       starting       from       this     month,    to     the

          informant/Opposite Party No. 2. Petitioner claims clean

          antecedents.

                       6. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant/Opposite Party No. 2 have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner.
             Patna High Court CR. MISC. No.58179 of 2025(3) dt.08-01-2026
                                                         3/3




                                    7. In view of the undertaking of learned counsel for

                       the petitioner that petitioner is ready to give temporary

                       relief/solace of Rs. 3,000/- (three thousand rupees) per month

                       to informant/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 A.C.J.M.-I,

                       Bhagalpur in connection with Bhagalpur Mahila P.S. Case No.

                       44 of 2024, subject to condition as laid down under Section

                       482(2) of B.N.S.S. with further following conditions:

                                           “(A.) Informant/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
                                    informant/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/-
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.