Patna High Court
Sanjiv Kumar Bantar @ Sanjiv BantarversusThe 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 in the complainant’s account.
Summary
The petitioner, Sanjiv Kumar Bantar, sought anticipatory bail fearing arrest in a criminal case (CR No. 74/2012) alleging offences under IPC sections 498A, 494, 406, 323, 379 and the Dowry Prohibition Act. The prosecution alleged that Bantar demanded dowry, subjected his wife to mental and physical cruelty, and entered a second marriage, leading to her ouster from the matrimonial home. The petitioner denied any dowry demand or cruelty, claiming the allegations were false, and offered to pay Rs. 3,000 per month as living expenses to the complainant. The complainant’s counsel accepted this offer, seeking a court order for the monthly payment. After hearing both sides, the High Court, applying its inherent powers under Section 482(2) of the CrPC, granted anticipatory bail subject to a bail bond, sureties, and the condition of monthly payment. The order also stipulated that the bail would be effective if the petitioner surrenders within six weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Sections 498A, 494, 406, 323, 379 IPC and the Dowry Prohibition Act
- Whether the petitioner’s offer to pay a monthly sum to the complainant can be a condition for granting anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 379, 406, 494, 498A
Subjects
- anticipatory bail
- dowry harassment
- cruelty
- second marriage
- IPC
- Dowry Prohibition Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80745 of 2025
Arising Out of PS. Case No.-74 Year-2012 Thana- COMPLAINT CASE - BENIPUR Dis-
trict- Darbhanga
======================================================
Sanjiv Kumar Bantar @ Sanjiv Bantar S/o Ram Jiwan Bantar R/o Village-
Dassaun, Amrupi, Ps- Lakhnaur, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Parwati Devi W/o Sanjiv Kumar Bantar @ Sanjiv Bantar, D/o Nathuni Ban-
tar R/o vill - Mahtbar, P.s. - Ghanshyampur, Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 15-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
C.R. Case No. 74 / 2012 or T.R. No. 526 / 2014 dated
23.02.2012 registered for the offence punishable under Sections
498A, 494, 406, 323, 379 of the I.P.C. and Section ¾ of the D.P.
Act.
3. The prosecution case in short is that the marriage of the
complainant was solemnized with the petitioner in the year 2009
according to Hindu rites and rituals and out of the wed lock the
complainant gave birth to a male child. It is alleged that after
1 ½ years of the marriage the accused persons including the
petitioner started demanding dowry of Rs. 50,000/-, one
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motocycle, colour TV and a C.D. and due to non fulfillment of
the demand, the accused persons subjected the complainant to
mental and physical torture. It is further alleged that the
petitioner performed second marriage with one Seeta Kumari on
16.02.2012 and on 21.02.2012 the complainant was ousted from
her matrimonial home.
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 the complainant did not want to do domestic work
and used to quarrel with other family members over petty
matters. He next submits that the complainant herself does not
want to live with the petitioner at the native village of the
petitioner and put pressure upon the petitioner to settle in
Darbhanga by leaving his other family members even his old
parents. He further 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
prejudice 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
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party no. 2 as “living cost” subject to final outcome of the
present case as well as matrimonial case and / or maintenance
case, if any, filed and decided between the parties.
5. Learned counsel for the complainant / opposite party no. 2
submits that petitioner has performed second marriage and the
complainant / opposite party no. 2 is at the verge of starvation.
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
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bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned S.D.J.M., Biraul
Darbhanga in connection with C.R. Case No. 74 / 2012 or T.R.
No. 526 / 2014 subject to the condition as laid down under
Section 482(2) of the B.N.S.S. as well as the following
condition:-
(i) the petitioner shall deposit a sum of
Rs. 3,000/- per month in the bank account of oppo-
site party no. 2 positively by the 7th day of every
month starting from the month of May, 2026.
(Anil Kumar Sinha, J)
praful/-
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