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Patna High Court

Tipu SultanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with a bail bond and conditions, including monthly maintenance payments, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Tipu Sultan, was accused of multiple offences under the Bharatiya Nyaya Sanhita, including dowry harassment and cruelty, arising from a dispute with his wife, the informant. The informant alleged that she was subjected to torture and cruelty for non‑payment of dowry, leading to a criminal case (PS Case No. 66 of 2025). The petitioner applied for anticipatory bail, asserting his willingness to provide a monthly maintenance of Rs. 3000 to the informant and denying the allegations. The court, noting the petitioner’s undertaking and the failure of mediation, allowed the anticipatory bail application subject to a bail bond of Rs. 10,000 with two sureties and specific conditions regarding the maintenance payment. The order also stipulated that failure to deposit the maintenance for two consecutive months could lead to cancellation of bail, and the bail is subject to any future matrimonial or maintenance orders.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving multiple serious offences?
  • Whether the petitioner’s undertaking to pay monthly maintenance can be a condition for anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • maintenance
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87314 of 2025
                       Arising Out of PS. Case No.-66 Year-2025 Thana- KEWATI District- Darbhanga
                 ======================================================
                 Tipu Sultan S/o Md. Ismail R/o - Barhi, P.S - Keoti. District - Darbhanga,
                 Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nikhat Praveen W/o Tipu Sultan R/o Vill- Barhi, P.S.- Keoti, Distt-
                 Darbhanga (Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar A.P.P.
                 For the O.P. No. 2       :        Mr. Arbind Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   20-02-2026                  Earlier, vide order dated 17.01.2026, the matter was

                   referred to the Mediation and Conciliation Centre, Patna High

                   Court, Patna, but as per the Mediator’s Report (flag ‘M’), the

                   mediation has failed.

                                2. Heard learned counsel for the parties.

                                3. The petitioner apprehends arrest in a case registered

                   for the offences punishable under Sections 126(2), 115(2),

                   329(3), 329(4), 352, 351(2), 74, 303(2), 85, 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                4. As per prosecution case, marriage of informant was

                   solemnized with this petitioner about eight years ago.

                   Thereafter, it is alleged that informant was subjected to torture
Patna High Court CR. MISC. No.87314 of 2025(3) dt.20-02-2026
                                            2/3




          and cruelty due to non-fulfillment of demand of dowry.

                       5. Learned counsel for the petitioner, while denying

          the allegations levelled against him, submits that petitioner, who

          is husband of the informant, is ready to keep her with honour

          and safety. Besides this, petitioner is ready to give Rs. 3000/-per

          month to the informant by way of temporary relief/solace,

          starting from this month, subject to any order passed in

          matrimonial, maintenance or connected proceedings.

                       6. In view of the aforesaid undertaking of learned

          counsel for the petitioner that petitioner is ready to give Rs.

          3000/- per month to the informant by way of temporary

          relief/solace, starting from this month, this anticipatory bail

          application is allowed.

                       7. Let the above-named petitioner, in the event of

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of Additional Judicial Magistrate 9th, Darbhanga in

          connection with Keoti P. S. Case No. 66 of 2025, subject to the

          conditions laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita as well as on the following

          conditions:-
              Patna High Court CR. MISC. No.87314 of 2025(3) dt.20-02-2026
                                                          3/3




                                     ‘(1) Informant would file an affidavit before the court

                        below and bring on record her savings bank account number for

                        its communication to the petitioner.

                                     (2)    Petitioner       would       deposit   the   aforesaid

                        maintenance amount per month in the savings bank account of

                        the informant.

                                     (3) In case, the petitioner fails to deposit the

                        maintenance amount for two consecutive months, the court

                        below would be at liberty to cancel the bail-bond.

                                     (4) The aforementioned payment will be subject to

                        any order passed in matrimonial, maintenance or connected

                        proceedings. The present order, in no way, will preclude the

                        parties to resolve the issue otherwise.’



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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