Patna High Court
Sujit 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, two sureties and a condition to deposit Rs 4,000 per month to the complainant.
Summary
The petitioner Sujit Kumar applied for anticipatory bail in connection with Complaint No.317 of 2023, which alleged dowry harassment under Section 498A of the Indian Penal Code. He asserted that he had not committed any offence and, to preserve family harmony, offered to pay Rs 4,000 per month to the complainant. The complainant, facing severe financial hardship, accepted this offer. After hearing counsel for both parties and the Additional Public Prosecutor, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to deposit Rs 4,000 monthly in the complainant’s bank account, invoking Section 438(2) of the Code of Criminal Procedure. The bail is to be effective if the petitioner is arrested or surrenders within six weeks from the order. Consequently, the petition for anticipatory bail was allowed with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 498A IPC.
- Whether imposing a monthly payment to the complainant is a permissible condition for anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- CrPC Section 438
- bail conditions
- family dispute
- prevention of arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84353 of 2025
Arising Out of PS. Case No.-317 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Sujit Kumar S/O Late Umesh Prasad @ Umesh Prasad Gupta R/O Village-
Kandi, P.S.- Kandi, Distt.- Garhwa,Jharkhand At present residing at Ward
No.- 5, Ramanujganj, P.S.- Ramanujganj, Dist.- Balrampur, Chhattisgarh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Laxmi Devi W/O Sujit Kumar, D/O Brijendra Kumar @ Lal Mohan R/O
Vill.- Badihan, P.S.- Indrapuri, Dist.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deovind Kumar Singh
For the Opposite Party/s : Mr. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 21-04-2026 1. Heard learned counsel for the petitioner, learned Counsel
for the complainant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 317 (C) of 2023, registered for the
offences punishable under Section 498(A) of the Indian
Penal Code.
3. The allegation, as per the complaint case, is that the
marriage of the complainant was solemnized with the
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petitioner on 01.12.2020 and at the time of marriage her
father gave cash worth Rs. 4 Lakhs, gold ornaments and
other household articles as gifts. After the marriage, the
petitioner and his family members started torturing the
complainant for demand of dowry in form of a
motorcycle and cash worth Rs. 2,00,000/-. Due to non-
fulfillment of demand, the complainant was subjected to
mental and physical harassment.
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. 4,000/- 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 submits that, being on verge of starvation, she accepts
the offer so made by learned counsel for the petitioner
and submits that the petitioner may be directed to deposit
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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 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, Dehri,
Rohtas, in connection with Complaint Case No. 317 (C)
of 2023, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure.
9. This is subject to the condition that the petitioner shall
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deposit a sum of Rs. 4,000/- per month in the bank
account of Opposite Party No. 2, staring from 11th May,
2026.
(Anil Kumar Sinha, J)
ashwani/-
U T
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