Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
Raju Kumar, husband of the complainant, faced an anticipatory bail application in a case alleging offences under IPC sections 498A, 323, 504, 341, 379 and the Dowry Prohibition Act sections 3 and 4. The prosecution alleged that after their 2018 marriage, the complainant was subjected to cruelty and dowry demands. The petitioner denied the allegations and offered to pay a monthly maintenance of Rs. 3000 to the complainant, subject to any matrimonial orders. The court, noting the petitioner’s undertaking, granted anticipatory bail with a bail bond of Rs. 10,000 and two sureties, imposing conditions that the petitioner deposit the maintenance amount in the complainant’s bank account and that bail could be cancelled for non‑payment for two consecutive months. The order also referenced Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and allowed the parties to resolve the matter otherwise.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Sections 498A, 323, 504, 341, 379 IPC and Sections 3/4 Dowry Prohibition Act.
- Whether imposing a monthly maintenance payment as a condition of bail is appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 379, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- maintenance
- matrimonial dispute
- criminal law
- Section 498A
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8861 of 2026
Arising Out of PS. Case No.-860 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Raju Kumar son of Naresh Singh @ Naresh Singh Dangi Resident of village-
Angara PS- Aanti District -Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Champa Kumari @ Byuti Kumari wife of Raju Kumar Resident of Village
-Fulwariya, Ps- Imamganj, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hasnain Haider, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
For the O.P. No. 2 : Mr. Gajendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-06-2026 Earlier, vide order dated 06.04.2026, 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 498A, 323, 504, 341,
379 of the Indian Penal Code and Sections 3/4 of the Dowry
Prohibition Act.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2018. Thereafter,
it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.8861 of 2026(4) dt.29-06-2026
2/3
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 complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-
per month to the complainant 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 complainant 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 learned Sub-Divisional Judicial Magistrate, Gaya
in connection with Complaint Case No. 860 of 2023, 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.8861 of 2026(4) dt.29-06-2026
3/3
‘(1) Complainant 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 complainant.
(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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