Patna High Court
Pritesh kumar singhversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted with conditions, including surrender, bail bonds, and payment schedule, subject to confirmation after settlement of the matrimonial case.
Summary
Petitioner Pritesh Kumar Singh feared arrest in a criminal complaint (Case No. 2869 of 2023) alleging offences under Section 498A of the IPC and Section 3 of the Dowry Prohibition Act. Both parties submitted that they had settled their matrimonial dispute. The Patna High Court entertained the anticipatory bail application and, considering the settlement, ordered the petitioner to surrender before the lower court, execute bail bonds of Rs.10,000 with two sureties, and pay the agreed interim amount. The court directed that the petitioner be released on interim bail, with the balance amount of Rs.6 lakh to be paid upon final disposal of the divorce case, after which the interim bail would be confirmed. The application for anticipatory bail was thus disposed with liberty to file a compromise petition in the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the settlement of the matrimonial dispute.
- Whether conditions can be imposed on the grant of anticipatory bail under Sections 498A IPC and 3 DP Act.
Legislation cited
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Dowry Prohibition Act
- matrimonial dispute
- compromise petition
- interim bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85743 of 2024
Arising Out of PS. Case No.-2869 Year-2023 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Pritesh kumar singh S/o Dinesh singh R/o vill - Gairatpur, P.S. - Manjhi,
Distt.- saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Aditi Kumari W/o Pritesh Kumar Singh, D/o Sri Vijay Singh R/o vill -
Chatra, P.S. - Kopa, Distt.- Saran at Chapra, Presently residing at vill-
Mirchaiya tola, Gudari, New Rajendra College, P.S.- Bhagwan Bazar, Distt.-
Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Mr. Akbar Ali
For the O.P. No. 2 : Mr. Rajesh Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
11 20-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and Ms. Nikita Mittal, the learned
counsel for the O.P. No. 2.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 2869 of 2023 for offences under Sections
498(A) of the Indian Penal Code and Section ¾ of the DP Act.
3. The learned counsels for both the parties have
jointly submitted that the parties have settled their dispute.
4. Considering the above facts and circumstances of
the case, this application for anticipatory bail is disposed of with
liberty to the petitioner to approach the Court below and file the
Patna High Court CR. MISC. No.85743 of 2024(11) dt.20-02-2026
2/2
compromise petition.
5. The petitioner will surrender in the Court below
and execute the bail bonds of Rs.10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court below in connection with Complaint
Case No. 2869 of 2023 and the Court below shall release the
petitioner on interim bail as the two installments agreed between
the parties have already been paid. The balance amount of Rs. 6
Lakh is to be paid on the date of the disposal of the divorce case
i.e., at the time of the second motion.
6. The petitioner shall remain on interim bail and after
the payment of the final amount in the matrimonial case, his
interim bail shall be confirmed by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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