Santosh Kumar @ Santosh Kumar Sahani @ Santosh Kr. Sahni Vs… — Dowry and Cruelty | Patna HC (2025)

Santosh Kumar @ Santosh Kumar Sahani @ Santosh Kr. Sahni Vs… — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest/surrender within eight weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to section 438(2) CrPC conditions and the additional conditions (affidavit of opposite party no. 2 disclosing her savings bank account; monthly deposit of Rs. 3,000/-; cancellation for default of two consecutive months; payment subject to matrimonial/maintenance orders).

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 2252 of 2023 (offences under Section 498(A) IPC and Section 4 of the Dowry Prohibition Act), should be enlarged on bail in the event of arrest/surrender, and on what conditions.

Court's answer

In the event of arrest/surrender within eight weeks, the petitioner is enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Samastipur in connection with Complaint Case No. 2252 of 2023, subject to the conditions under section 438(2) CrPC and the additional conditions specified by the Court.

Ratio / Principle

The bail is conditioned on the petitioner's undertaking, recorded through his counsel, to pay Rs. 3,000/- per month by way of temporary relief/solace to opposite party no. 2 starting from that month; the amount is to be deposited every month in the savings bank account of opposite party no. 2 (whose affidavit placing the account number on record is a precondition), and failure to deposit for two consecutive months entitles the court below to cancel the bail-bond.

Key takeaways

The monthly payment is made subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order does not preclude the parties from resolving the issue otherwise.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court enlarges the petitioner (husband of the complainant) on bail in connection with Complaint Case No. 2252 of 2023 (offences punishable under Section 498(A) IPC and Section 4 of the Dowry Prohibition Act, District Samastipur) after referral to the Mediation & Conciliation Centre ended in failure of mediation. Bail in the event of arrest/surrender within eight weeks is granted on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to section 438(2) CrPC and additional conditions: opposite party no. 2 to file an affidavit disclosing her savings bank account number; petitioner to deposit Rs. 3,000/- per month therein as temporary relief/solace; default for two consecutive months empowers the court below to cancel the bail-bond; payments subject to any order in matrimonial, maintenance or connected proceedings. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17155 of 2025

Arising Out of PS. Case No.-2252 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

======================================================

Santosh Kumar @ Santosh Kumar Sahni @ Santosh Kr. Sahni, Son of Kusheshwar Sahni @ Kusheswar Sahni, R/O Vill- Hathouri, Dhobopur, Tole, Bansara, P.S.- Hayaghat, District- Darbhanga (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

Karina Kumari Wife of Santosh Kumar @ Santosh Kumar Sahni @ Santosh Kr. Sahni and D/O- Barmdeo Sahni At Present Residing at Vill- Khanpur Gotiyahi, P.S.- Khanpur, District- Samastipur (Bihar)

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 17-12-2025

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.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant/ opposite party no. 2.

The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.17155 of 2025(4) dt.17-12-2025 2/3

Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint 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.

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 Sub Divisional Judicial Magistrate, Samastipur, in connection with Complaint Case No. 2252 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure 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

Patna High Court CR. MISC. No.17155 of 2025(4) dt.17-12-2025 3/3

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.

(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)

P.K.P./-

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