Anticipatory bail can be granted under specific conditions, balancing the rights of both parties involved in a domestic dispute.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

7 27-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the complainant /Opposite Party No. 2.

2. The petitioner, husband of the complainant /Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 323 , 504 and 498A of the Indian Penal Code .

3. Earlier, vide order dated 15.10.2025, the matter was referred to Mediation and Conciliation Centre, Patna High Court. However, from perusal of mediator’s report dated

20.01.2026, it is apparent that despite best efforts, the dispute between the parties could not be resolved through the process of mediation.

4. As per prosecution case, marriage of complainant/Opposite Party No. 2 was solemnized with this petitioner on 28.11.2022 and thereafter, all the accused persons, including this petitioner, started demanding dowry and due to non-fulfillment of demand of dowry, the complainant/Opposite Party No. 2 was subjected to cruelty and harassment.

5. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the complaint petition. Petitioner never committed torture to complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the complainant/Opposite Party No.

2. Petitioner claims clean antecedents.

6. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

7. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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., Patna City in connection with Complaint Case No. 1110 of 2023, subject to condition as laid down under Section 482(2) of B.N.S.S. with further following conditions:

“(A.) The Complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid amount per month in the saving bank account of the Complainant/Opposite Party No. 2 .

(C.) 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. (D.) 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)