Patna High Court
Sudhir Krishna Kant Jha @ Sudhir JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to a bail bond and a maintenance order.
Summary
The petitioner, Sudhir Krishna Kant Jha, applied for regular bail in a complaint case (CR No. 119 of 2020) alleging offences under IPC sections 323, 498A, 494, 34 and the Dowry Prohibition Act. The prosecution alleged that the petitioner tortured the complainant for dowry and threw her out of the matrimonial home. The petitioner claimed innocence and sought bail, while the State and complainant opposed it. Relying on the Supreme Court's decision in Arnesh Kumar v. State of Bihar, the court held that bail could be granted and ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The court also directed the petitioner to pay a monthly maintenance of Rs.15,000 to the informant, pending the outcome of a separate maintenance case.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving alleged dowry harassment and related offences under the IPC and Dowry Prohibition Act
- Whether the principles laid down in Arnesh Kumar v. State of Bihar are applicable to the present bail application
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 494, 498A
Subjects
- bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- Arnesh Kumar principle
- maintenance
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68183 of 2024
Arising Out of PS. Case No.-119 Year-2020 Thana- DARBHANGA COMPLAINT CASE
District- Darbhanga
======================================================
Sudhir Krishna Kant Jha @ Sudhir Jha Son of Sri Krishna Kant Jha Resident
of Village-Nawada P.S.-Bahera, District-Darbhanga at present residing at
Room no 32 Chauhan Chowl no 4 Goandevi Road Kandivali, P.S. - Kandivali
East Mumbai
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Bandana Sudhir Jha Daughter of Ram Pukar Mishra Village- Nawada, Ps-
Bahera, Dist- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durga Nand Jha, Advocate
For the State : Mr. Shyam Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
17 09-02-2026 Heard the learned counsel for the petitioner, the
learned counsel for the complainant and the learned A.P.P. for
the State.
2. The petitioner seeks bail in connection with
Complaint Case bearing CR No. 119 of 2020 instituted under
Sections 323, 498A, 494 and 34 of the IPC and Section 3/4 of
Dowry Prohibition Act.
3. As per prosecution case, petitioner and other is
said to have tortured the complainant for non-fulfillment of
demand of dowry and also thrown her out of her matrimonial
home.
Patna High Court CR. MISC. No.68183 of 2024(17) dt.09-02-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
case.
5. The learned A.P.P. for the State and learned
counsel for the complainant oppose the prayer for regular bail of
the petitioner.
6. Considering the submission of the parties and in
view of the law down by the Hon’ble Supreme Court in the case
of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC
273, this application of grant of regular bail is allowed.
7. Considering the aforesaid facts and circumstances
of the case and submission of learned counsel for the parties, let
the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M,
Darbhanga in connection with Complaint Case bearing CR No.
119 of 2020.
8. As a condition of this order, the petitioner is
directed to pay a maintenance amount of Rs. 15,000/- for
maintenance from the month of February, 2026 to the informant
and the maintenance for the month of February, 2026 shall be
paid to the informant within one week from the date of
Patna High Court CR. MISC. No.68183 of 2024(17) dt.09-02-2026
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pronouncement of this order and thereafter the maintenance
amount shall be paid to the informant every month before the
10th day of the month.
9. The Principal Judge, Family Court, Darbhanga is
directed to decide the maintenance case no.70 of 2025 within
three months of communication of this Order. Both the parties
will co-operate in the disposal of the maintenance case.
10. It is made clear that the order of maintenance
passed by this Court shall be subject to the outcome of
maintenance case of the Court of Principal Judge, Family Court
concerned, if any.
(Sandeep Kumar, J)
vashudha/-
U T
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