Patna High Court
Naulesh ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The Court ordered that the petitioner may seek anticipatory bail and approach the lower court with the settlement deed, subject to specified bail conditions and a maintenance order.
Summary
Naulesh Thakur, the petitioner, sought relief from imminent arrest in a dowry harassment case (Complaint No. 39 of 2022) under Section 498A IPC. He claimed innocence and asserted that the matter had been settled with his wife, Parwati Devi, presenting a settlement deed. The complainant opposed the existence of any settlement. The Patna High Court granted the petitioner liberty to approach the lower court with the settlement deed and, conditionally, to obtain anticipatory bail on furnishing a Rs.10,000 bond with two sureties, invoking Section 438(2) CrPC and Section 482 BNSS. The Court also directed the petitioner to pay monthly maintenance of Rs.8,000 to the wife, subject to the outcome of any family court proceedings. If the complainant does not support the settlement, the lower court is to pass an appropriate order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail pending the submission of a settlement deed in a Section 498A case.
- Whether the settlement between husband and wife can be recognized to stay the criminal proceedings.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482 BNSS are appropriate.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- anticipatory bail
- settlement deed
- maintenance
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68268 of 2025
Arising Out of PS. Case No.-39 Year-2022 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Naulesh Thakur S/o Kamaldev Thakur R/o Village- Balwapar, P.S.- Tekari,
District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Parwati Devi W/o Naulesh Thakur, D/o Ramdev Thakur R/o Village-
Singhra Mathia, P.S.- Konch, District- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the State : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Complainant-opposite party no. 2 and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 39 of 2022 registered for the offence
under Section 498(A) of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
others are accused of assaulting and torturing the victim for
demand of dowry. The petitioner is the husband of the opposite
party no. 2.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
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implicated in this case. He further submits that the matter has
been settled between the husband and wife.
5. Learned counsel for the informant has opposed
the application of the petitioner and denies the existence of the
settlement deed.
6. Considering the above submission of the
petitioner, this application is disposed of with liberty to the
petitioner to approach the Court below along with the settlement
deed and if the complainant supports the case of settlement, then
the petitioner shall be released in the event of his arrest or
surrender before the concerned Court below within four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Gaya/concerned Court
below in connection with Complaint Case No. 39 of 2022,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
7. In case, the complainant does not support the
settlement, appropriate order shall be passed by the Court below.
8. As a condition of this order, the petitioner is directed
to pay a maintenance amount of Rs. 8,000/- beginning from the
month of February, 2026 to the opposite party no. 2 and the
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maintenance for the month of February, 2026 shall be paid to
the opposite party no. 2 within two weeks from the date of
pronouncement of this order and thereafter the maintenance
amount shall be paid to the opposite party no. 2 every month
before the 10th day of the month.
9. 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 Court, if any.
(Sandeep Kumar, J)
P. Kumar
U T
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