Patna High Court
Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the anticipatory bail application, subject to a bail bond and specific conditions.
Summary
The petitioner, Sunil Paswan, was arrested in a dowry harassment case (Criminal Miscellaneous No.71214 of 2025) alleging torture and cruelty under Sections 85, 494, 79, 296 and 74 of the Bharatiya Nyaya Sanhita. Mediation at the High Court’s Mediation and Conciliation Centre failed, prompting the petitioner to seek anticipatory bail. He denied the allegations and offered to pay Rs. 3,000 per month as temporary relief to the complainant, Sima Devi, subject to any matrimonial or maintenance order. The Court, noting the petitioner’s undertaking, granted anticipatory bail on a bond of Rs. 10,000 with two sureties and imposed conditions including monthly deposits into the complainant’s savings account and cancellation of bail for non‑payment. The order also referenced Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for imposing conditions.
Issues considered
- Whether anticipatory bail should be granted in a dowry harassment case involving alleged torture and cruelty.
- Whether the failure of mediation justifies the grant of anticipatory bail.
- Whether the Court can impose conditions such as monthly maintenance payments as a condition of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 296, 494, 74, 79, 85
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- mediation failure
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71214 of 2025
Arising Out of PS. Case No.-181 Year-2024 Thana- COMPLAINT CASE - BENIPUR
District- Darbhanga
======================================================
Sunil Paswan Son of Ghuran Paswan Resident of Village - Motipur, P.S.-
Bahera, District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sima Devi Daughter of Ram Chandra Paswan Resident of Village -
Lakshamanpur, P.S.- Bahera @ Baheras, District - Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
For the Complainant : Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-02-2026 Earlier, vide order dated 19.11.2025, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 85, 494, 79, 296, 74
of the Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2021. Thereafter,
it is alleged that complainant was subjected to torture and
cruelty due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.71214 of 2025(4) dt.17-02-2026
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5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
3000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Sub-Divisional Judicial Magistrate, Benipur in
connection with C.R. No. 181 of 2024, subject to the conditions
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita as well as on the following conditions:-
‘(1) Complainant would file an affidavit before the
court below and bring on record her savings bank account
Patna High Court CR. MISC. No.71214 of 2025(4) dt.17-02-2026
3/3
number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance or connected
proceedings. The present order, in no way, will preclude the
parties to resolve the issue otherwise.’
(Prabhat Kumar Singh, J)
Navya/-
U T
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