Patna High Court
Pawan 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
Petitioner Pawan Kumar, husband of Payal Kumari, faced a criminal complaint (Case No. 53 of 2023) alleging offences under several IPC sections and the Dowry Prohibition Act. He applied for anticipatory bail, fearing arrest, and offered to pay Rs.5,000 per month as temporary relief to the complainant. Mediation ordered by the court had failed. The court, noting the petitioner’s undertaking to provide maintenance, granted anticipatory bail subject to conditions including deposit of the amount in the complainant’s bank account and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail bond was set at Rs.10,000 with two sureties, and the order stipulated that failure to pay for two consecutive months could lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in view of the serious offences alleged?
- Whether the petitioner’s undertaking to pay maintenance can be a basis for imposing conditions on anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 341, 354A, 384, 498A, 50/34, 504
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- mediation failure
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90356 of 2025
Arising Out of PS. Case No.-53 Year-2023 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
======================================================
Pawan Kumar S/O Manish Kumar @ Manish Paswan Resident of Village -
Saurh, P.S- Sirdalla (Parnadavar OP), Pin- Code- 805127, District- Nawada
Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Payal Kumari D/O Rambalak Paswan R/O Vill, P.O- Masauhra,P.S- Ariyari,
O.P- Kasar, Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
For the complainant : Mr. Satish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-06-2026 Earlier, vide order dated 24.03.2026, 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 323, 341, 498A, 384,
354A, 504, 50/34 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 2021. Thereafter,
Patna High Court CR. MISC. No.90356 of 2025(4) dt.29-06-2026
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it is alleged that complainant was subjected to torture 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 complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 5000/-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.
5000/- 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,
Sheikhpura in connection with Complaint Case No. 53 of 2023,
subject to the conditions laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita as well as on the following
Patna High Court CR. MISC. No.90356 of 2025(4) dt.29-06-2026
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conditions:-
‘(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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