Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and a condition to deposit Rs 3,000 per month to the complainant.
Summary
Rohit Kumar sought anticipatory bail after a complaint (No. 577 of 2024) alleged that he and others assaulted his wife and demanded dowry, invoking Section 85 of the B.N.S. 2023 and Sections 3/4 of the D.P. Act. The petitioner contended he was falsely implicated, claiming the complaint was a retaliatory "counter‑blast" to his own case (No. 503 of 2024) and that no dowry demand or assault occurred. He offered to pay Rs 3,000 per month as a living cost to the complainant, an offer accepted by her counsel. The court, after hearing both sides, decided to grant anticipatory bail, imposing a bail bond of Rs 10,000, two sureties, and the condition that the petitioner deposit Rs 3,000 monthly in the complainant’s bank account. The order was made under Section 482(2) of the B.N.S.S., providing the petitioner protection from arrest for six weeks pending surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of dowry harassment and assault.
- Whether the petitioner’s offer to pay a monthly sum satisfies the conditions for anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 85
- B.N.S.S. — s. 482(2)
- D.P. Act — s. 3, 4
Subjects
- anticipatory bail
- dowry prohibition
- Section 85 B.N.S.
- Section 3 D.P. Act
- Section 4 D.P. Act
- marital dispute
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70216 of 2025
Arising Out of PS. Case No.-577 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Rohit Kumar S/O Rahul Prasad @ Munna Sah R/O Village and PO- Gorari,
P.S.- Karakat, Dist.- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Manisha Kumari W/O Rohit Kumar R/O Village and PO- Gorari, P.S.-
Karakat, Dist.- Rohtas At present D/O Satya Narayan Sah, R/O Vilol.-
Sakala Bazar, P.S.- Karakat, Dist.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad
For the Opposite Party/s : Mr.Shailendra Kumar
For the Opposite Party 2 : Mr. Nagendra Upadhyay
Mr. Gopal Krishna Nishant
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
complaint case no. 577 of 2024 dated 31.08.2024 registered for
the offence punishable under Sections 85 of the B.N.S. 2023 and
Section ¾ of the D.P. Act.
3. The prosecution case in short is that marriage of the
complainant was solemnized with the petitioner according to
Hindu rites and rituals on 27.02.2024. It is alleged that soon
after her marriage, all the accused persons named in the
complaint petition, including this petitioner, started assaulting
her for demand of a car and due to non fulfillment of the
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demand, she was thrown out from her matrimonial home on
27.07.2024.
4. Learned counsel for the petitioner submits that petitioner is
innocent and he has not committed any offence in the manner
alleged and has falsely been implicated in this case. He further
submits that after 14 days of marriage, the complainant / oppo-
site party no. 2 ran away with her brother-in-law Tuna Prasad
for which the father of the petitioner has filed a Complaint Case
No. 503 of 2024 against the opposite party no. 2 and her family
members including her brother-in-law and the present case is
filed as a counter blast to the Complaint Case No. 503 of 2024.
He next submits that neither any dowry demand has been made
from the complainant by the petitioner or any of his family
members nor the complainant has been subjected to any type of
assault or torture at any point of time. However, without preju-
dice to the right and contention of the petitioner and in order to
maintain harmony in the family, the petitioner undertakes to pay
a sum of Rs. 3,000/- per month to the opposite party no. 2 as
“living cost” subject to final outcome of the present case as well
as matrimonial case and / or maintenance case filed and decided
between the parties.
5. Learned counsel for the complainant / opposite party no. 2
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submits that S.A. of the complainant on oath was recorded on
12.09.2024 in which she has supported the prosecution case and
the learned S.D.J.M., Bikramganj has taken cognizance
under Section 85 of the B.N.S. and Section 3 / 4 of the D.P. Act.
The complainant / opposite party no. 2 is at the verge of starva-
tion. However, he accepts the offer so made by learned counsel
for the petitioner and submits that 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 offer made by learned counsel for the petitioner has been
accepted by learned counsel for the opposite party no. 2, as
such, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. 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 anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
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like amount each to the satisfaction of learned S.D.J.M.,
Bikramganj, Rohtas in connection with Complaint Case No. 577
of 2024 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 the bank account of the
opposite party no. 2 positively by the 7th day of
every month starting from the month of May, 2026.
(Anil Kumar Sinha, J)
praful/-
U T
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