Anticipatory bail may be granted based on an offer of support to the complainant, reflecting the court's discretion in marital dispute cases.

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 18-12-2025 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 Complaint Case No. 191 of 2020, registered for the offences punishable under Sections 498(A), 323, 504, of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act .

3. As per the prosecution case, the complainant was married to the accused in 2019 as per Hindu rites. After initially being treated well for about six months, she was subjected to mental and physical cruelty by her husband and in-laws in connection with a demand of Rs. 1,00,000/- for house construction and purchase of a motorcycle. Despite her parents stating that Rs. 1,50,000/- and household articles were given at the time of marriage, the accused continued the demand, abused and assaulted her parents, rejected the decision of a panchayati, retained her belongings and ornaments, and ultimately ousted the complainant 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. 5,000/- 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 between the parties.

5. Learned Counsel for the informant-Opposite Party No. 2 accepts the offer made by learned Counsel for the petitioner and submits that the informant is not having any source of income and is at the verge of starvation. He next submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the informant-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 fifteen days from today.

6. After having heard learned counsel for the parties 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 Sub Divisional Judicial Magistrate, Banka, in connection with Complaint Case No. 191 of 2020.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 starting from 5^th of January, 2026.

(Anil Kumar Sinha, J)