Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure, 1973 — s. 438
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
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
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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
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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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