Patna High Court
Ajay Kumar @ Ajay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court granted bail to the petitioner subject to a bond, sureties, and conditions of monthly payment.
Summary
Ajay Kumar, husband of Kavita Devi, filed a petition fearing arrest in a criminal case alleging torture and dowry harassment under sections of the Bihar Negotiable Securities Act and the Dowry Prohibition Act. He denied the allegations and offered to pay Rs.3,000 per month as temporary relief to his wife. Mediation attempts failed, and the High Court considered his bail application. The Court, noting his undertaking to make monthly payments, granted bail on a Rs.10,000 bond with two sureties, subject to conditions including regular deposits and the possibility of cancellation for non‑payment. The order also stipulated that the bail be subject to any future matrimonial or maintenance orders. The petition was thus disposed with bail granted.
Issues considered
- Whether the petitioner is entitled to bail in the pending dowry harassment case.
- Whether the petitioner’s undertaking to pay monthly relief can be a condition for bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 3(5), 351(2), 85
- Criminal Procedure Code — s. 482
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry harassment
- temporary relief
- Section 482
- CrPC
- Dowry Prohibition Act
- mediation failure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9244 of 2026
Arising Out of PS. Case No.-9 Year-2025 Thana- MAHILA P.S District- West Champaran
======================================================
Ajay Kumar @ Ajay Sah S/o Mukesh Sah R/o Village- Laguniya, Ward
No.11, P.S- Pahadpur, Dist- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kavita Devi W/o Ajay Kumar @ Ajay Sah, D/o Jitu Sah R/o Village-
Khadda, Bangla Tola, P.S- Nautan, Dist- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
Mr.Umesh Kumar Gupta, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-06-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a case registered for the offences
under Sections 85/351(2)/3(5) of the B.N.S. and Section 3 / 4 of
the Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.9244 of 2026(4) dt.30-06-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the present petition and
submits that he never committed torture to opposite party no. 2
or demanded any dowry. However, the petitioner undertakes to
give Rs. 3,000/-per month by way of temporary relief/solace,
starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 S.D.J.M., Bettiah, West
Champaran in connection with Bettiah Mahila P.S. Case No. 09
of 2025, subject to the conditions laid down under section 482
of the B.N.S.S. as well as on the following conditions:-
“(1) Opposite party no. 2 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 amount
per month in the savings bank account of the
opposite party no. 2.
Patna High Court CR. MISC. No.9244 of 2026(4) dt.30-06-2026
3/3
(3) In case, the petitioner fails to deposit the
aforesaid 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)
anay
U T
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