Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 3(5), 351(2), 351(3), 352, 82(1), 85
- D.P. Act — s. ¾
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
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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
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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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