Patna High Court
Jayant VivekversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to the condition of continued interim maintenance payment.
Summary
The petitioner, Jayant Vivek, was arrested in connection with a dowry harassment complaint alleging violations of IPC sections 341, 323, 504, 498A and Section 3 of the Dowry Prohibition Act. He contended that the allegations were false and stemmed from a matrimonial dispute in which he was already paying interim maintenance of Rs.10,000 per month as ordered by the family court. The complainant acknowledged receipt of the maintenance payments. The petitioner applied for anticipatory bail, arguing lack of culpability and the pending maintenance obligation. The Court, after considering the nature of the allegations and the existing maintenance order, granted anticipatory bail subject to the condition that the petitioner continue the Rs.10,000 monthly maintenance and furnish a bail bond with two sureties. The order was made under the inherent powers of the High Court under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged dowry harassment and related offences.
- Whether the Court can condition anticipatory bail on the continuation of interim maintenance payments.
- Whether the inherent powers under Section 482(2) of the CrPC are applicable to grant such bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- Section 498A
- CrPC Section 482
- family law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87788 of 2025
Arising Out of PS. Case No.-575 Year-2024 Thana- SITAMARHI COMPLAINT CASE Dis-
trict- Sitamarhi
======================================================
Jayant Vivek Son of Late Shashi Kant Mishra R/o Ward no. 34, Road no. 03,
Dumra, PS. - Dumra, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ratna Priya W/o Jayant Vivek, D/o Jivannath Jha R/o Chakfathey, P.O. -
Purnahiya, PS. - Purnahiya, Dist. - Sheohar, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghvendra Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 12-05-2026 1. Heard learned counsel for the petitioner and learned
counsel for the complainant - Opposite Party No. 2 .
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 575 of 2024 dated 19.06.2024 for the
offence punishable under Section 341, 323, 504, 498(A) of the
I.P.C. and Section ¾ of the Dowry Prohibition Act.
3. The prosecution case as per the complaint is that
marriage of the complainant was solemnized with the petitioner-
Jayant Vivek on 21.05.2023. It is alleged that just a week after
the marriage the accused persons including the petitioner started
demanding dowry in the form of a four wheeler and a plot of
land and due to non fulfillment of the demand the accused
Patna High Court CR. MISC. No.87788 of 2025(4) dt.12-05-2026
2/3
persons subjected the complainant to torture both physically and
mentally and lastly drove her out from the matrimonial home.
4. Learned counsel for the petitioner submits that
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. He further
submits that the present complaint case is the counter blast of
matrimonial case filed by the petitioner in the court of Principal
Judge (Family Court) Sitamarhi having Matrimonial Case No.
149 of 2024. He further submits that pursuant to the order dated
04.02.2026 passed by Co-ordinate Bench of this Court the
petitioner is regularly paying a sum of Rs. 10,000/- per month as
interim maintenance in favour of the complainant-opposite party
no. 2 and shall keep on paying the same subject to the final
outcome of the present case as well as matrimonial case,
pending and / or decided between the parties.
5. Learned counsel for the complainant / opposite
party no. 2 fairly accepts that the petitioner has been paying a
sum of Rs. 10,000/- in the account of the opposite party no. 2 as
as interim maintenance.
6. Regard being had to the submission advanced by
the parties and taking into consideration the nature of allegation,
I am inclined to grant privilege of anticipatory bail to the
Patna High Court CR. MISC. No.87788 of 2025(4) dt.12-05-2026
3/3
petitioner subject to the condition that the petitioner shall keep
on paying Rs. 10,000/- per month as maintenance in favour of
the opposite party no. 2 in terms of the order dated 04.02.2026.
7. 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 anticipatory bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Mr. Kumar
Saurabh Bhanu, JMFC, Sitamarhi in connection with C.I. Case
No. 575 of 2024 subject to the condition as laid down under
Section 482(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.