Patna High Court
Aditya PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to a cash bond, sureties and a condition to deposit Rs 7,000 per month in the complainant’s account.
Summary
The petitioner, Aditya Pandey, sought anticipatory bail in a criminal case (PS No. 246 of 2025) alleging offences under Section 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. The prosecution alleged that the complainant, Nupur Kumari, was subjected to physical and mental torture by her in‑laws for a demand of Rs 25 lakh, leading to her being ousted from the matrimonial home. The petitioner contended that he had not committed any offence and offered to pay Rs 7,000 per month to the complainant to maintain family harmony, an offer which the complainant accepted. The Court considered whether anticipatory bail could be granted in a 498A/Dowry case and whether the condition of monthly payment was permissible under law. Relying on Section 482(2) of the Criminal Procedure Code and the parties’ agreement, the Court granted anticipatory bail with a cash bond and the stipulated payment condition. The order directed the petitioner to surrender within six weeks if arrested and to deposit the monthly amount by the 7th of each month.
Issues considered
- Whether anticipatory bail can be granted in a case punishable under Section 498A IPC and the Dowry Prohibition Act.
- Whether imposing a condition that the petitioner deposit a monthly sum to the complainant is permissible under law.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing the investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- Dowry Prohibition Act
- family dispute
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90365 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Aditya Pandey S/o- Late Nirmal Kumar Pandey R/V- Dwarikapuri Road No-
1 Near Bhaskar Enclave, Hanuman Nagar Kankarbagh, PS- Patrakar Nagar
Dist-Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Nupur Kumari W/o- Aditya Pandey, D/o- Bhanu Pratap Mishra R/o- PHED
Qtr Shastri Nagar Ps- Shastri Nagar Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the parties concerned.
2. The petitioner apprehends his arrest in connection
with Shastri Nagar P.S. No. 246 of 2025, dated 14.04.2025,
registered for the offence punishable under Section 498A of the
Indian Penal Code and Section ¾ of the D.P. Act.
3. As per the prosecution case, the marriage of the
informant was solemnized with the petitioner on 13.12.2013,
despite receiving cash and ornaments at the time of marriage,
she was mentally and physically tortured by her mother-in-law
and sister-in-law, who demanded Rs. 25 lakh for purchase of
land. Her husband did not oppose such demands. She was ill-
treated and assaulted for non-fulfilment of these demands and
was also ousted from her matrimonial home, and is not being
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permitted to re-enter the same. It is further alleged that her
matrimonial family members retained all her belongings, and
she was eventually taken to her parental home by Devendra
Upadhyay.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner alleged
and he has falsely been implicated in this case. However,
without prejudice to the right and contention of the petitioner,
and in order to maintain harmony in the family, the petitioner is
ready and willing to pay a sum of Rs. 7,000/- per month to the
Opposite Party No. 2 as living cost, subject to the final outcome
of the present case as well as the matrimonial case, if any,
pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite
Party No. 2 accepts the offer so made by learned Counsel for the
petitioner and submits that O.P. No. 2 is at the verge of
starvation and the petitioner may be directed to deposit the said
amount of Rs. 7,000/- per month in the bank account of the
complainant-Opposite Party No. 2, details of which shall be
furnished by learned Counsel for the Opposite Party No. 2 to
learned Counsel for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties
Patna High Court CR. MISC. No.90365 of 2025(3) dt.01-04-2026
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and taking into consideration the materials on record and the
fact that the offer made by learned Counsel for the petitioner has
been accepted by learned Counsel for the Opposite Party No. 2,
I am inclined to grant the petitioner privilege of anticipatory
bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest surrender before the learned Court below within a period
of six weeks from today, be released on bail, upon furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate, IX, Patna, in connection with Shastri
Nagar P.S. Case No. 246 of 2025, subject to the condition as laid
down under Section 482(2) of the B.N.S.S. as well as the
following condition:-
(i) that the petitioner shall deposit a sum of Rs.
7,000/- per month in bank account of the Opposite Party No. 2
positively by the 7th day of every month starting from 11th April,
2026.
(Anil Kumar Sinha, J)
Siwani/-
U T
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