Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court granted bail to the petitioners, subject to a bond of Rs 10,000, two sureties, and a condition that the husband deposit Rs 3,000 monthly into the complainant's bank account, with cancellation upon default.
Summary
The petitioners, comprising Suraj Kumar and his parents-in-law, sought bail in a case registered under Sections 85, 352 and 3(5) of the Bihar Negotiable Statutes, 2023, alleging dowry‑related torture and harassment of Swati Kumari, the wife of Suraj Kumar. The petitioners denied the allegations and offered to pay a temporary relief of Rs 3,000 per month to the complainant if bail was granted. The court, after noting the failure of mediation, considered the undertaking and the nature of the offences. Relying on Section 482 of the same statute, the court ordered that bail be enlarged on a bond of Rs 10,000 with two sureties, subject to specific conditions including the monthly payment and the possibility of cancellation for non‑compliance. The order also required the complainant to file an affidavit disclosing her bank account details for the deposits. Thus, bail was granted with stringent monetary and procedural conditions.
Issues considered
- Whether bail can be granted to accused in a dowry‑harassment case under Sections 85, 352 and 3(5) of the Bihar Negotiable Statutes, 2023.
- Whether the court may impose a condition of periodic monetary payment to the complainant as a term of bail.
- Whether Section 482 of the Bihar Negotiable Statutes, 2023 empowers the High Court to enlarge bail with such conditions.
Legislation cited
- Bihar Negotiable Statutes, 2023 — s. 3(5), 352, 482, 85
Subjects
- bail
- dowry harassment
- domestic violence
- Section 482
- high court
- mediation failure
- temporary relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7737 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- MAHILA P.S. District- Lakhisarai
======================================================
1. Suraj Kumar S/O Dinesh Kumar @ Dinesh Singh R/O Village- Kurthia, P.S-
Chandi, Distt.- Nalanda, at present residing at Mohalla- Nathopur, 59 road,
U-Block, phase-3, Piebaba Chowk, P.S. D.L.F. Phase-3, U-Block, Distt.-
Gurgaon, 122002 (Harayana).
2. Dinesh Singh @ Dinesh Kumar S/O Late Gendhari Singh R/O Village-
Kurthia, P.S- Chandi, Distt.- Nalanda, at present residing at Mohalla-
Nathopur, 59 road, U-Block, phase-3, Pirbaba Chowk, P.S. D.L.F. Phase-3,
U-Block, Distt.- Gurgaon, 122002 (Harayana).
3. Tara Devi W/O Dinesh Kumar @ Dinesh Singh R/O Village- Kurthia, P.S-
Chandi, Distt.- Nalanda, at present residing at Mohalla- Nathopur, 59 road,
U-Block, phase-3, Pirbaba Chowk, P.S. D.L.F. Phase-3, U-Block, Distt.-
Gurgaon, 122002 (Harayana).
... ... Petitioner/s
Versus
1. The State of Bihar
2. Swati Kumari W/O Suraj Kumar R/O Village- Kurthia, P.S- Chandi, Distt.-
Nalanda, at present residing C/O Umesh Kumar, Village-Rampur, P.S-
Suryagarha, Distt.- Lakhisarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Dineshwar Prasad Singh, Adv.
For the State : Mr.Choubey Jawahar, APP
For the O.P.-2 : Mr.Ram Nibash Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-06-2026 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 petitioners, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
Patna High Court CR. MISC. No.7737 of 2026(4) dt.30-06-2026
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3. Petitioner no. 1 is husband and petitioner nos. 2 & 3
are father-in-law & mother-in-law of opposite party no. 2,
apprehend their arrest in a case registered for the offences under
Sections 85, 352 and 3(5) of the B.N.S., 2023.
4. Petitioners are alleged to have committed torture
and harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioners submits that
petitioner no. 1 denies the allegation made in the F.I.R. and
submits that he never committed torture to opposite party no. 2
or demanded any dowry. However, the petitioner no. 1
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 petitioners that petitioner no. 1 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
petitioners be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Lakhisarai
in connection with Mahila P.S. Case No. 58 of 2025, subject to
Patna High Court CR. MISC. No.7737 of 2026(4) dt.30-06-2026
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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 no. 1, who is husband, would deposit
the aforesaid amount per month in the savings
bank account of the opposite party no. 2.
(3) In case, the petitioner no. 1 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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