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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

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
                                            2/3




          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
                                                      3/3




                                 ‘(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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