Patna High Court
Ravi Sharma @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioner, subject to payment of maintenance arrears and the possibility of cancellation if the conditions are breached.
Summary
The petitioner, Ravi Sharma, was arrested in a case under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He sought anticipatory bail, contending that the allegations were false and offering to settle outstanding maintenance of Rs.1,17,000 owed to his wife, who had earlier obtained a maintenance order of Rs.3,000 per month. The wife accepted the proposed payment of Rs.30,000 in cash and agreed to the petitioner’s undertaking to pay the remaining arrears and future maintenance, but warned that the bail could be cancelled if payments were not made. The court, after considering the submissions, granted anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.10,000 with two sureties and comply with the maintenance payment schedule, invoking its inherent powers under Section 482(2) of the CrPC. The order also allowed the wife to file an application for cancellation of bail if the petitioner failed to meet the maintenance obligations within nine months.
Issues considered
- Whether anticipatory bail can be granted in a case punishable under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act.
- Whether the petitioner’s undertaking to pay pending maintenance can be imposed as a condition for anticipatory bail.
- Whether the High Court can conditionally cancel anticipatory bail if the maintenance obligations are not fulfilled.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- maintenance
- Section 482 CrPC
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58694 of 2025
Arising Out of PS. Case No.-25 Year-2024 Thana- SAHARSA COMPLAINT CASE District-
Saharsa
======================================================
Ravi Sharma @ Ravi Kumar S/O Tarni Sharma R/O Village- Godram,
Sahsaul, Ward No. 05, Pachhwari Tola, P.S.- Basnahi, District-Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari @ Pujan Kumari Devi W/O Ravi Sharma, D/O Ram Chandra
Sharma @ Ram Chandra Das R/O Village- Bagrauli, Ward No. 05, P.S.-
Bakhtiyarpur , District- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Adv
For the Opposite Party/s : Mr.Nityanand, APP
Mr. Subesh Sharma, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 06-04-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
OP No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498A of
IPC and Sections 3 and 4 of DP Act.
3. In compliance of the order dated 23-3-2026, the
petitioner and the OP No. 2 are present in the court.
4. Learned counsel for the petitioner submits that
petitioner being husband has been falsely implicated in the
instant case by the informant. It is next submitted that presently
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the relationship in between the petitioner and the OP No. 2 has
soured to an extent where it is not possible to revive the
conjugal relationship, but with passage of time and on
intervention of well-wishers, the parties may resolve their
dispute amicably.
5. Learned counsel appearing on behalf of the
petitioner submits that OP No. 2 had filed Maintenance Case
No. 92 of 2021 in the court of Principal Judge, Family Court,
Saharsa and the same was allowed by an order dated 19-1-2023
with a direction to the petitioner to pay a monthly maintenance
of Rs. 3,000/- to the OP No. 2 from the date of order, but then it
is submitted that since petitioner was having financial crunch as
such he could not pay the amount except for one month.
6. Learned counsel for the petitioner next submits that
petitioner is willing to clear the dues of maintenance as directed
by the order dated 19-1-2023 in Maintenance Case No. 92 of
2021. It is further submitted that the total maintenance as of date
which remains to be paid by the petitioner is about Rs.
1,20,000/- out of which Rs. 3,000/- stands paid as such final
amount, which is to be cleared, is Rs. 1,17,000. It is also
submitted that the said amount shall be paid to the OP No. 2
within a period of 9 months from today. It is submitted that
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petitioner in order to establish his bonafide is paying an amount
of Rs. 30,000/- in cash and rest Rs. 87,000/- shall be paid within
a period of nine months from today. It is also submitted that
petitioner will keep paying the monthly maintenance of Rs.
3,000/- to the OP No. 2, as directed by the learned Principal
Judge, Family Court, Saharsa in Maintenance Case No. 92 of
2021 and the said amount of maintenance shall commence from
1-5-2026.
7. The OP No. 2, who is present in the Court, submits
that she has received Rs. 30,000/- in cash from the petitioner as
such no useful purpose would be served by sending the
petitioner to jail, since petitioner is willing to clear the dues of
maintenance and has also agreed to pay the monthly
maintenance as directed by learned Principal Judge, Family
Court, Saharsa in Maintenance Case No. 92 of 2021, which
shall commence from 1-5-2026. The OP No. 2 also submits that
it might be a ploy of the petitioner to pay Rs. 30,000/- in cash
only with a view to seek anticipatory bail and thereafter shall
not make any further payment including the monthly
maintenance of Rs. 3,000/, on which the learned counsel
appearing on behalf of the petitioner submits that petitioner is
aware of the consequences which would entail in the event if the
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petitioner breaches the undertakings given before this Court, it
is further submitted that if privilege of anticipatory bail is
granted to the petitioner and if the petitioner breaches his
undertaking, in that event, his anticipatory bail shall be liable to
be cancelled,
8. The petitioner, who is present in the Court, also
concurs with the submission of his learned counsel.
9. At this Stage, the learned counsel appearing on
behalf of the OP No. 2 submits that he will WhatsApp the bank
account number of the OP No. 2 on the WhatsApp number of
the learned counsel for the petitioner and the learned counsel for
the petitioner undertakes to communicate the same to the
petitioner so that the arrears of maintenance and the monthly
maintenance of Rs. 3,000/- as agreed hereinabove gets credited
in the account of the OP No. 2.
10. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
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with Complaint Case No. 25c of 2024, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
11. However, it is made clear that OP No. 2 shall be at
liberty to file an application before this court seeking
cancellation of the anticipatory bail granted to the petitioner, in
the event if the petitioner within a period of 9 months from
today does not clear the arrears of maintenance or does not
deposit the amount of monthly maintenance of Rs. 3,000/- for
two consecutive months.
12. The personal appearance of the petitioner and the
OP No. 2 is dispensed with.
(Satyavrat Verma, J)
Sumit/-
U T
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