Patna High Court
Binod MurmuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted as the petitioner’s maintenance offer was accepted and there was no compelling reason to keep him in custody.
Summary
The petitioner, Binod Murmu, sought anticipatory bail in a complaint under Section 498A IPC alleging cruelty by his wife, Soniya Soren. The prosecution alleged that the wife was driven out of the matrimonial home and demanded Rs. 2 lakh, with threats of a second marriage. The petitioner denied any wrongdoing and offered to pay Rs. 3,000 per month as maintenance, an offer accepted by the complainant. The court considered the offer, the family harmony aspect, and the lack of necessity for detention. It granted anticipatory bail, directing the petitioner to surrender within six weeks, furnish a bail bond of Rs. 10,000 with two sureties, and deposit Rs. 3,000 monthly in the complainant's bank account.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a Section 498A case.
- Whether the petitioner’s offer to pay monthly maintenance influences the bail decision.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- domestic violence
- maintenance
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68883 of 2025
Arising Out of PS. Case No.-1525 Year-2022 Thana- COMPLAINT CASE District- Araria
======================================================
Binod Murmu S/o- Late Parmanand Murmu R/v- Belgachchhi Tappu Tola Ps-
Raniganj Dist- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soniya Soren W/o- Binod Murmu, D/o- Late Babu Lal Soren R/v-
Belgachchhi Tappu Tola Ps- Raniganj Dist- Araria, A/P- Mishrinagar Po-
Ahilgoan Ps- jalalgarh Dist- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Informant : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 07-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1525 C of 2022, dated 29.07.2022,
registered for the offence punishable under Section 498 A of the
Indian Penal Code.
3. The prosecution case, in brief, is that the informant
was married to the petitioner on 05.05.2019. After the marriage,
she was allegedly subjected to cruelty and harassment on
account of demand of Rs. 2 lakh and was repeatedly driven out
of her matrimonial home, with intentions to oust her and arrange
the petitioner’s second marriage. On 25.05.2022, she was
allegedly assaulted, abused, and driven out, with continued
demand of Rs 2 lakh and threats of the petitioner’s second
Patna High Court CR. MISC. No.68883 of 2025(4) dt.07-04-2026
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marriage.
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. 3,000/- 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 submits that O.P. No. 2 is at the verge of
starvation and the petitioner may be directed to deposit the said
amount of Rs. 3,000/- 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 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,
Patna High Court CR. MISC. No.68883 of 2025(4) dt.07-04-2026
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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 Judicial
Magistrate, 1st Class, Araria, in connection with Complaint Case
No. 1525 C of 2022, subject to the condition as laid down under
Section 482(2) of the B.N.S.S. as well as the following
condition:-
(i) that the petitioner shall deposit a sum of Rs.
3,000/- per month in bank account of the Opposite Party No. 2
positively by the 7th day of every month starting from the month
of April, 2026.
(Anil Kumar Sinha, J)
Siwani/-
U T
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