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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and a condition to deposit Rs.10,000 per month in the complainant’s bank account.

Summary

The petitioner, Jitendra Kumar, faced arrest in a dowry harassment complaint (Cr. Misc. No. 82876 of 2025) alleging offences under IPC sections 323, 504, 506, 498‑A and Dowry Prohibition Act sections 3 and 4. He contended that he was falsely implicated and offered to pay Rs.10,000 per month to the complainant, Madhuri Kumari, as maintenance pending the final outcome of the case. The complainant accepted this offer. The High Court, after hearing both sides, considered the petition for anticipatory bail. It granted anticipatory bail, directing that if arrested within six weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties and subject to the condition of depositing the monthly amount in the complainant’s bank account. The order thus provides relief to the petitioner while ensuring financial support to the complainant.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the dowry harassment case.
  • Whether the petitioner’s offer to pay monthly maintenance can be imposed as a condition of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • maintenance
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82876 of 2025
                  Arising Out of PS. Case No.-685 Year-2024 Thana- COMPLAINT CASE - PATNA CITY
                                                      District- Patna
                 ======================================================
                 Jitendra Kumar S/O Dinanath Ram R/O Khurmabad, Ward No.- 24, P.S.-
                 Muffassil, District- Siwan, Bihar

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Madhuri Kumari W/O Dr. Jitendra Kumar, D/O Ravindranath Paswan
                 Presently residing at Bairiya, P.S.- Gopalpur, Dist.- Patna, now at Kumhrar,
                 B.H. Colony, Ward No. 55, P.S.- Agamkuan, Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ankit Katriar
                 For the Opposite Party/s :    Mr. Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   29-04-2026                     1. Heard learned Counsel for the petitioner, learned

                   Counsel for the informant-Opposite Party No. 2 and learned

                   Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Complaint Case No. 685 of 2024, registered for

                   the offences punishable under Sections 323, 504, 506, 498-A of

                   the Indian Penal Code and Sections 3/4 of the Dowry

                   Prohibition Act.

                                   3. The prosecution case, in brief, is that the

                   informant alleges that after her marriage with the accused on

                   25.11.2022, sufficient dowry was given, but soon thereafter the

                   accused persons began demanding additional dowry of Rs. 30
Patna High Court CR. MISC. No.82876 of 2025(5) dt.29-04-2026
                                            2/4




          lakhs and ornaments and subjected her to continuous physical

          and mental cruelty. It is alleged that she was ill-treated both at

          her matrimonial home and in Delhi, deprived of basic

          necessities, her ornaments were taken away, and she faced

          taunts, neglect, and inappropriate behaviour from her in-laws

          and husband. She was also subjected to assault, restrictions on

          movement and food, and was prevented from pursuing her

          career opportunities. Further, taking advantage of her illness,

          she was sent back to her parental home, and despite returning,

          the harassment continued. Ultimately, in July 2023, she was

          allegedly assaulted and forcibly driven out of her matrimonial

          home, after which she has been residing at her parental house.

                          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. 10,000/- 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 pending between the parties.

                          5. Learned Counsel for the complainant-Opposite
Patna High Court CR. MISC. No.82876 of 2025(5) dt.29-04-2026
                                            3/4




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

          petitioner as the O.P. No. 2 right now suffering penury and

          submits that the petitioner may be directed to deposit the said

          amount of Rs. 10,000/- 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 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

          Chief Judicial Magistrate-I, Patna City, in connection with

          Complaint Case No. 685 of 2024.

                          9. This is subject to the condition that the petitioner
           Patna High Court CR. MISC. No.82876 of 2025(5) dt.29-04-2026
                                                       4/4




                     shall deposit a sum of Rs. 10,000/- per month in the bank

                     account of Opposite Party No. 2 positively, starting from 11th

                     May, 2026.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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