Patna High Court
Netilal Sahani @ Naitik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted subject to a bail bond, sureties and the condition that failure to pay the agreed maintenance for two consecutive months will lead to its cancellation.
Summary
The petitioner, Netilal Sahani, was implicated in a complaint under Section 498A of the IPC read with Section 4 of the Dowry Prohibition Act. He applied for anticipatory bail, asserting a clean record and claiming the allegations were false. The petitioner offered to pay a monthly maintenance of Rs. 4,500 to his wife, the complainant, starting 1 May 2026. The court considered the request and the maintenance offer, and granted anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and a condition that the bail may be cancelled if the petitioner fails to pay maintenance for two consecutive months. The court also noted that the maintenance amount would cease if a competent court fixes a different amount. Consequently, the anticipatory bail application was allowed.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case under Section 498A IPC and Dowry Prohibition Act?
- Can the court impose a condition of monthly maintenance as a term of anticipatory bail?
- Under what circumstances can the anticipatory bail be cancelled?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Dowry Prohibition Act
- maintenance
- criminal procedure
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88247 of 2024
Arising Out of PS. Case No.-1818 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Netilal Sahani @ Naitik Kumar S/O Nanhki Sahni @ Nanki Sahni R/O
Village- Sajanpur, P.S- Warisnagar, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari D/O Basudeo Sahani R/O Village- Sakri Chandpura, P.S-
Piar, Dist.- Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 29-04-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the O.P. No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 498A of the
Indian Penal Code read with Section 4 of the Dowry Prohibition
Act.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and being husband,
has been falsely implicated in the instant case by the
complainant. It is further submitted that the relationship in
between the petitioner and the O.P. No. 2 has deteriorated to an
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extent where it is not possible to revive the conjugal relationship
for the present, but then with passage of time and on
intervention of well wishers, the parties may resolve their
dispute amicably. It is further submitted that petitioner being
husband is aware of his responsibility towards the complainant
and two children who are residing with her, but then petitioner is
working as a labourer at Delhi.
4. Learned counsel appearing on behalf of the
petitioner, based on instruction, submits that petitioner is willing
to pay a monthly maintenance of Rs. 4500/- to the O. P. No. 2
which shall commence from 01.05.2026.
5. Learned counsel appearing on behalf of the O.P.
No. 2 submits that though petitioner has agreed to pay the
maintenance of Rs. 4500/- to the O.P. No. 2, but then it might be
a ploy for seeking anticipatory bail, on which the learned
counsel appearing on behalf of the petitioner submits that in the
event if anticipatory bail is granted and the petitioner breaches
the condition of maintenance as agreed, in that event, the
anticipatory bail would be liable to be cancelled, on which the
learned counsel appearing on behalf of the O.P. No. 2 submits
that sine petitioner is undertaking to pay a monthly maintenance
to the O.P. No. 2, as such, no useful purpose would be served by
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sending the petitioner to jail, as chances of future reconciliation
will also get marred.
6. The learned counsel for the OP No. 2 submits that
he will WhatsApp the bank account number of the OP No. 2 on
the WhatsApp number of the learned counsel for the petitioner
and the learned counsel for the petitioner undertakes to forward
the same to the petitioner so that the monthly maintenance, as
agreed, commences from 01.05.2026.
7. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 5,000/-
(Rupees Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Complaint Case
No. 1818 of 2019 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
8. However, it is made clear that the O.P. No. 2 shall
be at liberty to file an application seeking cancellation of the
anticipatory bail granted to the petitioner, in the event if the
petitioner does not deposit the monthly maintenance as agreed
for two consecutive months.
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9. It is further made clear that the present
maintenance shall stop, if a Court of competent jurisdiction
fixes the maintenance.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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