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2025 Supreme(Online)(Pat) 3635

PATNA HIGH COURT
Prabhat Kumar Singh, J
Manish Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.24297 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Madhav Kumar
For the Respondents: Mr. Umeshanand Pandit, Mr. Gaurav Kumar

The court held temporary relief payments as a condition for anticipatory bail in cruelty cases, ensuring accountability.

Headnote:The petitioner seeks anticipatory bail in a case under Sections 341, 323, 498A, 504, 506/34 IPC. The informant alleges cruelty due to dowry demands post-marriage. The court allowed bail based on petitioner's commitment to pay temporary financial relief of Rs. 3000/month. Key issues included the validity of the anticipatory bail. The court held that providing temporary relief was reasonable and allowed bail subject to various conditions.

Table of Content
1. validity of anticipatory bail based on financial stability while addressing dowry allegations. (Para 1 , 4 , 5)
2. conditions imposed for bail enhance accountability for maintenance payments. (Para 2 , 6 , 7)

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 01-12-2025 Earlier, vide order dated 14.07.2025, 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 341 , 323, 498A, 504, 506/34 of the Indian Penal Code .

4. As per prosecution case, marriage of informant was solemnized with this petitioner in the year 2010. Thereafter, it is alleged that informant 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 informant, is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to the informant 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. 3000/- per month to the informant 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Mahila P. S. Case No. 38 of 2024, subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita as well as on the following conditions:-

‘(1) Informant 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 informant.

(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)

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