Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sonu Kumar, was arrested in a dowry harassment case (Complaint No. 531 of 2024) alleging offences under IPC sections 341, 323, 504, 498‑A and 34. He feared further arrest and applied for anticipatory bail, denying the allegations. The petitioner offered to pay a temporary maintenance of Rs. 3000 per month to the complainant, subject to any matrimonial or maintenance order. The court, noting the petitioner’s undertaking, allowed the anticipatory bail application with a bail bond of Rs. 10,000 and two sureties, imposing conditions that the maintenance be deposited in the complainant’s savings account and that bail may be cancelled if payments are missed for two consecutive months. The order also referenced Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for the court’s inherent powers.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner accused of dowry harassment and related offences?
- Whether the petitioner’s undertaking to pay temporary maintenance justifies the grant of anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 498-A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- maintenance
- matrimonial dispute
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.643 of 2026
Arising Out of PS. Case No.-531 Year-2024 Thana- MUNGER COMPLAINT CASE
District- Munger
======================================================
Sonu Kumar S/O Prakash Paswan R/O Village- Purani Kherhi, P.S-
Shahkund, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kavita Kumari W/O Sonu Kumar, D/O Pawan Paswan R/O Village- Purani
Kherhi, Police Station- Shahkund, Distt.- Bhaglpur. At present resident of
Village- Baghichak, P.S- Naya Ram Nagar, Distt.- Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
For the Informant : Mr. Kumar Kamal Nayan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Earlier, vide order dated 02.04.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 341, 323, 504, 498-
A/34 of the Indian Penal Code.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2023. Thereafter,
it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.643 of 2026(4) dt.23-06-2026
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cruelty due to non-fulfillment of demand of dowry.
5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
3000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, 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 Sub-Divisional Judicial Magistrate, Munger in
connection with Complaint Case No. 531C of 2024, subject to
the conditions laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita as well as on the following
conditions:-
Patna High Court CR. MISC. No.643 of 2026(4) dt.23-06-2026
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‘(1) Complainant would file an affidavit before the
court below and bring on record her savings bank account
number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) 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)
Navya/Sanjay
U T
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