PATNA HIGH COURT
Santosh Kumar
Cr.Misc.-85086/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85086 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- MAHILA PS District- Darbhanga ======================================================
Santosh Kumar Son of Devendra Sharma Resident of Village- Kharsand (East), P.S.-Kalyanpur, District- Samastipur ... ... Petitioner/s Versus
1. The State of Bihar
2. Richi Kumari Wife of Santosh Kumar, D/o Binay Kumar Sharma Resident of Village- Balbhadrapur, P.S.- Bahadurpur, District- Darbhanga ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Adv.
For the Informant : Mr. Bhavesh Kumar, Adv.
For the State : Mr. Shyam Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 85, 126(2), 115(2), 504, 352, 3(5) of Bharatiya Nyaya Sanhita and Section ¾ of Dowry Prohibition Act.
3. As per the prosecution case, the marriage of the informant was solemnized with the petitioner in the year 2023 according to Hindu rites and customs. It is alleged that her parents spent approximately Rs. 20,00,000/- (twenty lakh rupees) on the marriage. The allegations against the petitioner and the other co- accused persons are that they demanded one katha of land as dowry, and when the informant expressed her inability to fulfill the said demand, she was subjected to cruelty and harassment in various forms.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner is ready to keep his wife (informant) with full honour and dignity but she refused to live with the petitioner at her matrimonial home. Due to this, petitioner filed Divorce Case No. 77 of 2025. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. It is further submitted by learned counsel for the petitioner that petitioner is working as Class IV railway employee and is ready to maintain his wife and for this he is ready to pay Rs. 5,000/- (five thousand rupees) per month as interim maintenance to the informant.
6. Learned counsel for the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant to the petitioner as early as possible.
7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Mahila P.S. Case no. 50 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
8. The petitioner is directed to make payment of Rs. 5,000/- ( five thousand rupees) per month to the informant by depositing the same in her bank account commencing from the month of February, 2026. 9. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of first installments Rs. 5,000/- (five thousand rupees) by the petitioner in the account of the informant.
10. The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.
(S. B. Pd. Singh, J)
Nirajkrs/- U T
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