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Patna High Court

Bindeshwari KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.86188 of 2025(4) dt.29-04-2026
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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
Patna High Court CR. MISC. No.86188 of 2025(4) dt.29-04-2026
                                            3/4




          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,
           Patna High Court CR. MISC. No.86188 of 2025(4) dt.29-04-2026
                                                       4/4




                     2026.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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