Patna High Court
Saket Sameer @ Saket SamirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioner with a bond and sureties, subject to conditions under Section 482(2) CrPC and a maintenance‑payment clause.
Summary
The petitioner, Saket Sameer, sought anticipatory bail in a case involving alleged offences under IPC sections 341, 323, 379, 504, 498A and Dowry Prohibition Act sections 3 and 4. He claimed false implication, cooperation with police under Section 41(A) CrPC, and expressed willingness to pay a monthly maintenance of Rs.12,500 to the opposite party, Surbhi Kumari. The informant’s counsel argued that bail would not serve any useful purpose and that non‑payment of maintenance should trigger cancellation. The High Court, after hearing both sides, granted anticipatory bail on a bond of Rs.5,000 with two sureties, subject to Section 482(2) CrPC and a condition that the opposite party may seek cancellation if maintenance is not paid for two consecutive months. The Court also clarified that the bail condition would cease once the Family Court fixes maintenance, and personal appearance of the parties was dispensed with.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the pending charges under the IPC and Dowry Prohibition Act.
- Whether the High Court can impose a condition linking bail to the petitioner’s payment of maintenance to the opposite party.
- Whether the opposite party may seek cancellation of anticipatory bail on failure to pay maintenance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41(A), 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 379, 498A, 504
Subjects
- anticipatory bail
- maintenance
- dowry harassment
- IPC offences
- family law
- Section 482 CrPC
- Section 41A CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63319 of 2025
Arising Out of PS. Case No.-460 Year-2023 Thana- GAYA KOTWALI District- Gaya
======================================================
Saket Sameer @ Saket Samir, Son of Sahdev Prasad Barnwal, R/o Village -
08, R.N. Bose Road, Opposite St. Mary School, Satsang Nagar, P.O. and P.S. -
Deogharh, Jharkhand - 814112.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Surbhi Kumari, D/o Shambhu Nath R/o Village - GB Road Gaya, Suhagan
Saree Showroom, P.O. - Gaya, P.S. - Kotwali, Dist. - Gaya, Bihar, 823001.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kaushik
Ms. Namrata Dubey
Mr. Hemant Raj
Mr. Shubham Priyadarshi
For the Opposite Party/s : Mr. Ram Sevak Choudhary
Mr. Vaibhav Kumar
Mr. Diwanshu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-02-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 341, 323, 379, 504 and 498(A) of the Indian Penal
Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. The petitioner and the opposite party no.2, in
compliance of the order dated 09.01.2026, are present in the
Court.
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4. The learned counsel appearing on behalf of the
petitioner submits that petitioner, being husband, has been
falsely implicated in the instant case by the informant. It is next
submitted that police had given notice under Section 41(A) of
the Cr.P.C. to the petitioner and the petitioner cooperated in the
investigation, as such, police never felt the need of arresting the
petitioner, but then, charge-sheet came to be submitted based on
which, cognizance has been taken, hence petitioner apprehends
his arrest. It is also submitted that presently the relationship in
between the petitioner and opposite party no.2 has soured to an
extent where it is not possible to revive the conjugal
relationship, but then, with passage of time and on intervention
of well-wishers, the parties may resolve the dispute amicably. It
is also submitted that petitioner, being husband, is aware of his
responsibility and thus, is willing to pay a monthly maintenance
of Rs.12,500/- (Rs. Twelve Thousand Five Hundred Only),
which shall commence from 27.02.2026.
5. The learned counsel appearing on behalf of the
informant fairly submits that since petitioner is willing to pay a
monthly maintenance of Rs.12,500/-, as such, no useful purpose
would be served by sending the petitioner to jail. It is also
submitted that if petitioner is sent to judicial custody, chances of
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future reconciliation will also get marred. The learned counsel
for the informant also submits that opposite party no.2 herein
has filed Maintenance Case No.190 of 2023, which is pending
adjudication in the Court of the learned Principal Judge, Family
Court, Gaya. The learned counsel for the informant further
submits that bank account number of the opposite party no.2
shall be forwarded on the whatsapp number of the learned
counsel appearing on behalf of the petitioner and the learned
counsel appearing on behalf of the petitioner undertakes to
communicate the same to the petitioner so that the monthly
maintenance as agreed commences from 27.02.2026.
6. After hearing the learned counsel for the parties,
the petitioner, above-named, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks, is directed to be released on bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five 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 with Kotwali P. S. Case No.460 of 2023, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that the opposite party
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no.2 shall be at liberty to file an application seeking cancellation
of anticipatory bail granted to the petitioner, in the event, if the
petitioner does not pay the amount of monthly maintenance as
agreed for two consecutive months.
9. It is further made clear that the present
maintenance shall stop, the moment maintenance is fixed by the
learned Family Court, Gaya and the petitioner starts complying
the order passed by the Family Court.
10. It is also made clear that the learned Family
Court, Gaya shall consider the amount of maintenance in
accordance with law.
11. The personal appearance of the petitioner
and the opposite party no.2 is dispensed with.
(Satyavrat Verma, J)
vikash/-
U T
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