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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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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