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Patna High Court

Naulesh ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.68268 of 2025(5) dt.27-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.68268 of 2025(5) dt.27-02-2026
                                                       3/3




                     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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