Patna High Court
Bindeshwari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner with a bail bond and a condition to deposit Rs.3,000 per month in the complainant's account.
Summary
The petitioner, Bindeshwari Kumar, was implicated in a complaint alleging dowry demands, cruelty, and assault under IPC sections 406, 489(A), 34 and Dowry Prohibition Act sections 3 and 4. He contended that he had not committed any offence and sought anticipatory bail, offering to pay Rs.3,000 per month to the complainant, Seema Kumari, as a living allowance. The complainant accepted this offer, stating she was on the verge of starvation. After hearing both sides, the Court was inclined to grant anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and the condition of monthly payment to the complainant. The application for anticipatory bail was therefore allowed, subject to the stipulated conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in view of the alleged dowry and cruelty offences?
- Can the Court impose a condition of monthly monetary payment to the complainant as part of anticipatory bail?
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 406, 489A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- criminal breach of trust
- extortion
- family dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86188 of 2025
Arising Out of PS. Case No.-256 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Bindeshwari Kumar S/o Ramdev Pandit R/o Village- Hasanpur, P.S- Kundwa
Chainpur, Dist- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Seema Kumari W/o- Bimdeswari Kumar, age 20 years, R/O- vill- Hasanpur,
PO PS- Kundwa Chainpur, Dist- East champaran D/o- Vinod Pandit, At
prasent vill- Katkenwa, PO PS- Mahuawa, Dist- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajan, Adv.
For the Opposite Party/s : Mr. Rajesh Kumar, App.
For the Informant : Mr. Sanjay Kumar Tiwari, Adv.
: Mr. Ujjwal Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 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. 256-C of 2024, registered
for the offences punishable under Sections 406, 489(A), 34 of
the Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act.
3. As per the prosecution case, the petitioner
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allegedly demanded a motorcycle and Rs. 1,00,000/- as dowry
and, upon non-fulfillment, subjected the complainant to cruelty
and assault. Despite an initial assurance and reconciliation, the
harassment resumed, leading to the complainant being
dispossessed of her belongings and forcibly ousted from her
matrimonial home. She was abandoned near a village, and the
petitioner subsequently refused to take her back unless the
dowry demand was met.
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. 3,000/- 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
Party No. 2 submits that the O.P. No. 2 is at the verge of
starvation and accepts the offer so made by learned Counsel for
the petitioner and submits that the petitioner may be directed to
deposit the said amount of Rs. 3,000/- per month in the bank
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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
Judicial Magistrate, 1st Class, Raxaul at Motihari, East
Champaran, in connection with Complaint Case No. 256-C of
2024.
9. This is subject to the condition that the petitioner
shall deposit a sum of Rs. 3,000/- per month in the bank account
of Opposite Party No. 2 positively, starting from 11th April,
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2026.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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