Patna High Court
Sunil Bind @ Sonil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and conditions including monthly interim relief payments and compliance with any matrimonial or maintenance orders.
Summary
The petitioner, Sunil Bind, was arrested in a dowry harassment case under sections 82(1), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he and others demanded Rs.2 lakh and a motorcycle as dowry and assaulted his wife, Punam Devi, when the demand was not met. The petitioner denied the allegations and sought bail, offering to pay Rs.3,000 per month as interim relief to his wife. The State and the wife opposed bail, arguing that the petitioner continued to harass and deprive her of livelihood. The court, after considering the petitioner's undertaking and the wife's condition, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions, including monthly payments to the wife and compliance with any future matrimonial or maintenance orders. The bail may be cancelled if the petitioner fails to make the stipulated payments for two consecutive months.
Issues considered
- Whether the petitioner is entitled to bail in a case under sections 82(1), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the court may impose conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, including interim financial relief.
- Whether the petitioner’s offer of monthly payment constitutes sufficient assurance for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 3(5), 82(1), 85
Subjects
- bail
- dowry harassment
- domestic violence
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- interim relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61813 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Sunil Bind @ Sonil Kumar S/O Newash Bind Resident of Village- Lohdan,
P.S.- Chand, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Punam Devi D/O Bhuput Bind, W/O Sunil Bind Resident of Village-
Dubauli, P.S.- Belav, District- Kaimur at Bhabua
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Pratap Singh
For the Opposite Party/s : Mr.Pranav Kumar
Mr. HL Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-02-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Center of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed
(Report kept at flag ‘M’).
2. Heard learned counsel for the petitioner, the State
and the opposite party no.2.
3. The petitioner, who is husband of opposite party
no.2, apprehends arrest in a case registered for the offence
punishable under sections 82(1), 85, 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
4. Prosecution case in brief is that opposite party no.2
was married with the petitioner in 2024. After marriage, this
petitioner along with other accused persons started demanding
Patna High Court CR. MISC. No.61813 of 2025(5) dt.17-02-2026
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Rs. 2 lacs and a motorcycle as dowry and on non-fulfillment of
the same they used to assault and torture her. Lastly, accused
persons ousted opposite party no.2 from her matrimonial house.
5. Learned counsel appearing for the petitioner, while
denying the allegations, submits that the petitioner is innocent
and has falsely been implicated in this case because he happens
to be husband of opposite party no.2. Petitioner is ready to keep
her with honour and safety. Besides this, petitioner is ready to
give Rs. 3000/-per month to opposite party no.2 by way of
temporary relief/solace, starting from this month, subject to any
order passed in matrimonial, maintenance or connected
proceedings.
6. Learned counsel for the State as well as opposite
party no.2 oppose the prayer for bail. Learned counsel for
opposite party no.2 submits that the petitioner, being husband of
opposite party no.2, in connivance with his family members,
subjected her to harassment and cruelty for non-fulfillment of
demand of dowry and also ousted her to her parents’ house. It is
further submitted that she has no means of livelihood and is on
the verge of starvation.
7. In view of the undertaking of learned counsel for
the petitioner as well as condition of 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 the Chief
Judicial Magistrate, Kaimur at Bhabua in Cnand Police Station
Case No. 116/2025, subject to the conditions laid down under
section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as
well as on the following conditions:-
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(i) 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.
(ii) Petitioner would deposit the aforesaid interim
relief per month in the saving bank account of the opposite party
no.2.
(iii) In case, petitioner fails to deposit the aforesaid
amount of temporary relief/solace for two consecutive months,
the court below would be at liberty to cancel the bail-bond.
(iv) 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)
shashi/-
U T
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