Patna High Court
Nitesh Kumar @ Nitesh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond and the condition of paying interim maintenance of Rs 7,000 per month.
Summary
The petitioner, Nitesh Kumar, was arrested in a case involving alleged dowry demands, assault (IPC §§ 323, 498A) and violations of the Dowry Prohibition Act (ss. 3, 4). The prosecution alleged that after marrying the complainant in 2013, the petitioner and his family demanded dowry, tortured the complainant, and later forced her out of the matrimonial home following a second marriage. The petitioner sought bail, fearing arrest, and offered to pay interim maintenance of Rs 7,000 per month to his wife, the complainant, if released. The court considered the petition under Section 482(2) of the Bihar Negotiable Settlement of Suit (B.N.S.S.) Act, 2023 and the need to protect the complainant’s livelihood. It granted bail on a bond of Rs 10,000 with two sureties, subject to the condition that the petitioner deposit the stipulated maintenance and that failure to do so for two consecutive months would permit cancellation of the bail. The order also clarified that the bail does not preclude any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail may be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023 in a dowry‑related criminal case.
- Whether the court can condition bail on the payment of interim maintenance to the complainant.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- interim maintenance
- dowry prohibition
- domestic violence
- criminal procedure
- Section 482
- maternity dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5834 of 2026
Arising Out of PS. Case No.-105 Year-2024 Thana- COMPLAINT CASE - PUPRI District-
Sitamarhi
======================================================
Nitesh Kumar @ Nitesh Sah Son of Bindeshwar Sah @ Vindeshwar Sah
Resident of Village- Mehsaul, P.S.- Runnisaidpur, District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anjani Kumari Wife of Nitesh Sah and D/o Mahesh Raut Presently a
resident of village- Choraut, P.S.- Choraut, District- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mr. Akshay Lal Pandit, APP
For the O.P. No. 2 : Mr. Uday Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 21-04-2026 Earlier, the matter was referred to Mediation
Centre, but the dispute between the parties could not be settled
through the process of mediation and as such, mediation failed
(report at flag ‘A’).
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the O.P. No. 2
3. The petitioner apprehends his arrest in a case
registered under Sections 323, 498A of the Indian Penal Code
and Sections 3 and 4 of the Dowry Prohibition Act.
4. The prosecution case, in brief, is that the
marriage of the complainant with the petitioner was solemnized
in the year 2013 as per Hindu rites and customs, and from the
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wedlock, they were blessed with three children. After sometime
of marriage, the petitioner and his family members started
demanding dowry and due to non-fulfillment of the same, the
complainant was subjected to torture by her in-laws. On
09.11.2019, petitioner assaulted the complainant by katta with
intention to kill her for which, Runnisaidpur P.S. Case No. 685
of 2018 was registered, which was later on compromised
between the parties. Thereafter, fresh demand of Rs. 2 lakh was
made in December, 2023. It is alleged that on 18.03.2024,
petitioner solemnized his second marriage with one Sushmita
Kumari and on 17.04.2024, the accused persons forcibly ousted
the complainant and her children from matrimonial home.
5. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is the husband of the O.P.
No. 2. Petitioner is ready to keep the O.P. No. 2 along with his
children, and till the O.P. No. 2 is not residing with her children
at her matrimonial home, petitioner offers and undertakes that
he is ready to give Rs. 7,000/- per month as interim maintenance
to O.P. No. 2.
6. Learned counsel appearing on behalf of the O.P.
No. 2 submits that petitioner is not maintaining the complainant
and the children residing with her. He further submits that the
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complainant will provide her bank account to the petitioner.
7. In view of the facts and circumstances,
submissions on behalf of the parties and undertaking of learned
counsel for the petitioner that petitioner is ready to give interim
maintenance amount of Rs. 7,000/- (seven thousand) per month
to the opposite party no. 2, in the event of arrest or surrender
before the learned court below within a period of eight weeks
from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Pupri, Sitamarhi in connection with Sitamarhi Complaint Case
No. 105 of 2024, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S., 2023 as well as on the following
conditions:-
‘(i) Petitioner would deposit the aforesaid maintenance
amount per month in the savings bank account of the O.P. No. 2.
(ii) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the Court
concerned would be at liberty to cancel the bail-bond on the
application of complainant.
(iii) The aforementioned payment will be subject to any
order passed in matrimonial, maintenance or connected
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proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.’
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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