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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with conditions, exercising its inherent powers under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Sumit Kumar, was implicated in a dowry harassment case (Paroo P.S. No. 240 of 2025) alleging demand for dowry, assault, and threats under various sections of the Bharatiya Nyaya Sanhita and the D.P. Act. He contended that he had committed no offence and sought anticipatory bail, offering to pay Rs. 5,000 per month to his wife (Opposite Party No. 2) as a living allowance pending the case outcome. The wife accepted a reduced amount of Rs. 4,000 per month, citing severe financial hardship. The Court, after hearing both sides, exercised its inherent powers under Section 482(2) of the B.N.S.S. and granted anticipatory bail with a bail bond of Rs. 10,000, two sureties, and the condition of monthly payment to the wife. The order directed the petitioner to surrender within six weeks if arrested and to deposit the stipulated amount by the 7th of each month starting April 2026.

Issues considered

  • Whether anticipatory bail can be granted in the present dowry harassment case under Section 482(2) of the Bharatiya Nyaya Sanhita
  • Whether the petitioner’s offer to pay monthly maintenance to the complainant influences the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • Section 482
  • Bharatiya Nyaya Sanhita
  • D.P. Act
  • maintenance payment
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82442 of 2025
                      Arising Out of PS. Case No.-240 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Sumit Kumar S/o Shankar Mahto Resident of Village- Gariba, P.S.- Paroo,
                 Dist.- Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Guriya Kumari W/o Sumit Kumar Resident of Village- Gariba, P.S.- Paroo,
                 Dist.- Muzaffarpur. At Present Guriya Kumari, D/o Suresh Rout, R/o Vill.-
                 Kasba Mahesi, P.S.- Maheshi, Dist.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026                    Heard learned counsel for the parties concerned.

                                2. The petitioner apprehends his arrest in connection

                   with Paroo P.S. No. 240 of 2025, dated 11.05.2025, registered

                   for the offence punishable under Sections 126(2), 115(2), 82(1),

                   85, 352, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita

                   and Section ¾ of the D.P. Act.

                                3. The prosecution case in brief is that the marriage of

                   the informant was solemnized with the petitioner on 10.03.2016.

                   After marriage the accused persons demanded dowry of Rs. 5

                   lakh for doing business and bullet motorcycle. Due to non

                   fulfillment of the demand, the accused persons always abused

                   and assaulted her. It is further alleged that petitioner has
Patna High Court CR. MISC. No.82442 of 2025(4) dt.01-04-2026
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          threatened to kill the informant. It is also alleged that her

          husband solemnized 2nd marriage.

                       4. Learned Counsel for the petitioner submits that the

          petitioner has not committed any offence in the manner alleged

          and he has falsely been implicated in this case. However,

          without prejudice to the right and contention of the petitioner,

          and in order to maintain harmony in the family, the petitioner is

          ready and willing to pay a sum of Rs. 5,000/- per month to the

          Opposite Party No. 2 as living cost, subject to the final outcome

          of the present case as well as the matrimonial case, if any,

          pending and/or decided between the parties.

                       5. Learned Counsel for the complainant-Opposite

          Party No. 2 accepts the offer so made by learned Counsel for the

          petitioner and submits that O.P. No. 2 is at the verge of

          starvation and the petitioner may be directed to deposit the said

          amount of Rs. 4,000/- 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 the offer made by learned Counsel for the petitioner has
           Patna High Court CR. MISC. No.82442 of 2025(4) dt.01-04-2026
                                                       3/3




                     been accepted by learned Counsel for the Opposite Party No. 2,

                     I am inclined to grant the petitioner privilege of anticipatory

                     bail.

                                  7. This application is, accordingly, allowed.

                                  8. 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 bail, upon furnishing

                     bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of learned Sub

                     Divisional Judicial Magistrate, West Muzaffarpur, in connection

                     with Paroo P.S. Case No. 240 of 2025, subject to the condition

                     as laid down under Section 482(2) of the B.N.S.S. as well as the

                     following condition:-

                                  (i) that the petitioner shall deposit a sum of Rs.

                     4,000/- per month in bank account of the Opposite Party No. 2

                     positively by the 7th day of every month starting from the month

                     of April, 2026.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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