Patna High Court
Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a Rs. 10,000 bond, two sureties, and a monthly payment of Rs. 3,000 to the complainant, with provisions for cancellation on default.
Summary
The petitioner, Praveen Kumar, husband of Nisha Kumari, was arrested in a complaint case alleging dowry harassment and multiple offences under Sections 191(2), 126(2), 115(2), 303(2), 85, 352 and 3(5) of the B.N.S. He denied the allegations but offered to pay Rs. 3,000 per month as temporary relief to the complainant. Mediation before the Patna High Court failed, and the matter was listed before the court. The petitioner sought bail, undertaking to deposit the monthly amount and furnish a bail bond of Rs. 10,000 with two sureties. The court, invoking its inherent powers under Section 482 of the B.N.S., granted bail subject to the financial undertaking and other conditions, including the possibility of cancellation if payments are missed. The order also clarified that the bail does not prejudice any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail can be granted to the petitioner pending trial for the alleged dowry harassment and related offences.
- Whether the court may impose a condition of periodic monetary payment as part of bail.
- Whether Section 482 of the B.N.S. empowers the court to grant bail with such conditions.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 115, 126, 191, 3, 303, 352, 85
Subjects
- dowry harassment
- bail
- criminal complaint
- mediation failure
- Section 482
- temporary relief
- maternity proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7703 of 2026
Arising Out of PS. Case No.-3065 Year-2024 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Praveen Kumar S/O Yodhan Roy @ Jodhan Roy R/O Village - Madhaool
Harpur Chand, Police Station - Desri (Chandpura), District - Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nisha Kumari W/o Praveen Kumar D/o Late Ravishankar Prasad Singh, R/o
village-Bhulai, P.O.Basari, Police Station-Rajapakar, District.-Vaishali.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Prasad, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
Mr.Ujjwal Kumar Singh, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 01-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offences under Sections 191(2), 126(2), 115(2), 303(2), 85, 352,
3(5) of the B.N.S.
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.7703 of 2026(4) dt.01-07-2026
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5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 learned A.C.J.M. - XIII, Vaishali at
Hajipur in connection with Complaint Case No. 3065 of 2024,
subject to the conditions laid down under Section 482 of the
B.N.S.S. as well as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
Patna High Court CR. MISC. No.7703 of 2026(4) dt.01-07-2026
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opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid 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)
anay
U T
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