Patna High Court
Tipu SultanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 74, 85
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
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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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