Patna High Court
Jitendra KumarversusThe 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 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
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
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
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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
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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
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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/-
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