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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions of a bail bond, sureties, and a monthly maintenance payment.

Summary

Amit Kumar applied for anticipatory bail in a complaint filed by his wife Guddi Kumari under Sections 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, alleging dowry harassment and torture. The petitioner denied any wrongdoing and offered to pay Rs. 4,000 per month as maintenance, an offer accepted by the complainant. The court considered the petitioner's willingness to provide financial support and the acceptance of the offer by the opposite party. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 4,000 monthly in the complainant's bank account. The order is subject to the petitioner surrendering within six weeks if arrested and complying with the monthly payment condition.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the dowry harassment complaint?
  • Whether the petitioner’s offer of monthly maintenance influences the court’s decision to grant bail?

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 498A
  • maintenance
  • family dispute
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64677 of 2025
                    Arising Out of PS. Case No.-1381 Year-2023 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Amit Kumar Son of Gauri Shankar Khan Resident of Village- Bangaon West,
                 Ward No.2, P.S.- Bangaon, Dist- Saharsa
                                                                        ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Guddi Kumari @ Guddi Devi Wife of Amit Kumar Resident of village-
                  Mahishi, Ps- Mahishi, Dist- Saharsa
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ashok Kumar Jha
                 For the Opposite Party/s :    Mr. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
6   24-02-2026         1.   Heard learned Counsel for the petitioner, learned Counsel

                            for the complainant-Opposite Party No. 2 and learned

                            Additional Public Prosecutor for the State.

                       2.   The petitioner apprehends his arrest in connection with

                            Complaint Case No. 1381C of 2023, registered for the

                            offences punishable under Sections 498(A) and 34 of the

                            Indian Penal Code and Sections 3/4 of the Dowry

                            Prohibition Act.

                       3.   As per the complaint, complainant’s marriage was

                            solemnized in 2017 as per Hindu rites with the petitioner,

                            and that gift was given at the time of marriage. A male

                            child was born in 2018. She has alleged that her husband

                            resided at her parental home and demanded a piece of

                            land at the time of Bidagari. Upon non-fulfilment of the

                            said demand, she was subjected to torture. It is further
Patna High Court CR. MISC. No.64677 of 2025(6) dt.24-02-2026
                                            2/3




                   alleged that despite a meeting being convened, the

                   accused persons remained adamant for execution of a sale

                   deed of land, which led to filing of the present complaint

                   case.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner has not committed any offence in the manner

                   alleged and he has falsely been implicated in this case.

                   However, without prejudice to the right and contention of

                   the petitioner, and in order to maintain harmony in the

                   family, the petitioner is ready and willing to pay a sum of

                   Rs. 4,000/- per month to the Opposite Party No. 2 as

                   living cost, subject to the final outcome of the present

                   case as well as the matrimonial case, if any, pending

                   and/or decided between the parties.

              5.   Learned Counsel for the complainant-Opposite Party No.

                   2 accepts the offer so made by learned Counsel for the

                   petitioner and says that complainant is at the verge of

                   starvation and submits that the petitioner may be directed

                   to deposit the said amount of Rs. 4,000/- per month in the

                   bank account of the complainant-Opposite Party No. 2,

                   details of which shall be furnished by learned Counsel for

                   the Opposite Party No. 2 to learned Counsel for the
          Patna High Court CR. MISC. No.64677 of 2025(6) dt.24-02-2026
                                                      3/3




                             petitioner within ten days from today.

                        6.   After having heard learned Counsel for the parties and

                             taking into consideration the materials on record and the

                             fact that the offer made by learned Counsel for the

                             petitioner has been accepted by learned Counsel for the

                             Opposite Party No. 2, I am inclined to grant the petitioner

                             privilege of anticipatory bail.

                        7.   This application is, accordingly, allowed.

                        8.   Let the petitioner, above named, in the event of his

                             arrest/surrender before the learned Court below within a

                             period of six weeks from today, be released on bail, upon

                             furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

                             two sureties of the like amount each to the satisfaction of

                             learned Sub Divisional Judicial Magistrate, Saharsa, in

                             connection with Complaint Case No. 1381C of 2023.

                        9.   This is subject to the condition that the petitioner shall

                             deposit a sum of Rs. 4,000/- per month in the bank

                             account of Opposite Party No. 2, staring from 10th March,

                             2026.


                                             (Anil Kumar Sinha, J)
HarshPandey/-
U      T


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