Patna High Court
Ashwani Kumar @ Aswini KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail may be granted to the petitioner subject to the stipulated conditions.
Summary
Ashwani Kumar, the petitioner, feared arrest in connection with multiple offences under the Indian Penal Code and the Dowry Prohibition Act arising from a marital dispute. He offered a one‑time settlement of Rs 13,00,000 to his wife and agreed to return her almirah, seeking to resolve the matter amicably. The High Court, after hearing counsel, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions that the parties file a joint petition for divorce under Section 13B of the Hindu Marriage Act within two months and withdraw all pending cases within the same period. The order also provides that any breach of these conditions will invite appropriate legal action. The bail was conditioned on the petitioner’s surrender or arrest within four weeks of the order.
Issues considered
- What is the appropriateness of granting bail for the petitioner facing multiple serious IPC and Dowry Act charges?
- Whether the court can condition bail on the filing of a joint divorce petition under Section 13B of the Hindu Marriage Act and withdrawal of all pending cases.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act, 1955 — s. 13
- Indian Penal Code — s. 307, 323, 34, 341, 379, 498, 504, 506
Subjects
- bail
- marital dispute
- dowry
- IPC offences
- Hindu Marriage Act
- settlement
- withdrawal of cases
- divorce petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8981 of 2025
Arising Out of PS. Case No.-13 Year-2024 Thana- NAUGACHIA MAHILA P.S. District-
Bhagalpur
======================================================
Ashwani Kumar @ Aswini Kumar S/O Shiv Narayan Singh R/vill-
Mahadatpur, P.O- Jamunia, P.S- Naugachia, Distt- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priti Kumari W/O Ashwani Kumar R/O Village- Rajendra Colony, Ward No.
11, P.S- Naugachia, Distt.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Kumar
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
9 19-01-2026 Heard the learned counsel for the parties.
2. The petitioner apprehends his arrest for the
offences alleged under Sections 498, 307, 379, 341, 323, 504,
506 and 34 of the Indian Penal Code and Section 3/4 of the
Dowry Prohibition Act, registered in connection with Naugachia
Mahila P.S.Case No. 13 of 2024.
3. The matter stems from the matrimonial discord.
It appears that the marriage has become irretrievable. One-time
settlement is the last resort to the lasting solution to the dispute.
4. The petitioner is ready to make payment of Rs.
13,00,000/- (Rupees thirteen lacs) towards one-time settlement
to o.p.no.2 within a period of four months in four equal
Patna High Court CR. MISC. No.8981 of 2025(9) dt.19-01-2026
2/2
installments. He shall also return the almirah with its keys to
o.p.no.2 and o.p.no.2 is ready to withdraw the case.
5. Taking into consideration the above facts and
circumstances, let the petitioner above-named, in the event of
his arrest or surrender within four weeks from the date of
communication of this order, be released 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 SDJM,
Naugachia in Naugachia (Mahila) P.S.Case No. 13 of 2024,
subject to the followings conditions:-
(i) Both the parties shall file a joint petition
under Section 13B of the Hindu Marriage Act, 1955 in
the family court for seeking divorce within two months.
(ii) Both the parties shall withdraw all the
cases pending against them within two months.
(iii) If either of the parties resile from their
words, the learned trial court shall take appropriate
steps, in accordance with law.
(Nawneet Kumar Pandey, J)
HR/-
U T
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