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Patna High Court

Binod MurmuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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