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Patna High Court

Praveen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                       3/3




                                       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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