Patna High Court
Bablu Sah @ Bablu Kumar GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court allowed the petition for anticipatory bail, subject to a bail bond, sureties, and a monthly maintenance payment of Rs. 3,000 to the wife.
Summary
Petitioner Bablu Kumar Gond applied for anticipatory bail fearing arrest in a case registered under Sections 82(1)/85 of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, alleging he tortured and evicted his wife Sunita Devi. The petitioner denied any wrongdoing and offered to pay Rs. 3,000 per month as maintenance to the wife, contingent on the final outcome of the case. The wife accepted the offer, stating she was on the verge of starvation. The Court, after hearing both sides, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit the maintenance amount monthly from 10 May 2026. The order was conditioned on the petitioner’s compliance with the maintenance payment and surrender within six weeks of arrest.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged dowry harassment and offences under the Bhartiya Nyaya Sanhita.
- Whether the Court can impose a maintenance payment condition as part of anticipatory bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing the victim.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 82(1), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- maintenance
- criminal law
- Bhartiya Nyaya Sanhita
- Section 438 CrPC
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90550 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- DURAULI District- Siwan
======================================================
Bablu Sah @ Bablu Kumar Gond S/o Bhim Sah @ Bhim Gond R/o vill -
Khor, P.S.- Darauli, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sunita Devi W/o Bablu Sah @ Bablu Kumar Gond, D/o Laxman Sah R/o
vill - Koerigawa, P.s.- Bhore, Distt.- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Urmila Kumari
For the State : Mr. Nawal Kishore Prasad
For the O. P.No. 2 : Mr. Samir Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 29-04-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the informant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Darauli Police Station Case No. 210 of 2025, registered
for the offences punishable under Sections 82(1)/85 of the
Bhartiya Nyaya Sanhita, 2023 and Section 3/4 of the
Dowry Prohibition Act.
3. The prosecution case, as per the First Information Report,
is that the marriage of the Opposite Party No. 2 was
solemnized with the petitioner in the year 2021 and after
sometime, the petitioner and other family members
Patna High Court CR. MISC. No.90550 of 2025(4) dt.29-04-2026
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tortured the Opposite Party No. 2 physically as well as
mentally and also ousted her from her matrimonial home.
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. 3,000/- 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 Opposite Party No. 2 accepts the
offer so made by learned Counsel for the petitioner and
submits that the Opposite Party No. 2 is on the verge of
starvation the petitioner may be directed to deposit the
said amount of Rs. 3,000/- per month in the bank account
of the 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 a period of
one week from today.
6. After having heard learned Counsel for the parties and
Patna High Court CR. MISC. No.90550 of 2025(4) dt.29-04-2026
3/3
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 Sub Divisional Judicial Magistrate, Siwan, in
connection with Darauli Police Station Case No. 210 of
2025.
9. This is subject to the condition that the petitioner shall
deposit a sum of Rs. 3,000/- per month in the bank
account of Opposite Party No. 2 positively, starting from
10th May, 2026.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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