Sanjay Kumar Gaur @ sanjay kumar Gond Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sanjay Kumar Gaur @ sanjay kumar Gond Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail if arrested or surrendering within four weeks of communication of the order, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, before the learned SDJM, Saran, Chapra (Mahila P.S. Case No. 21 of 2024/Tr.No.3862/2024), conditional on payment of Rs. 10,000/- per month as interim maintenance to opposite party no. 2, and subject to any order of the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 229 of 2022.

Issue for consideration

Whether the petitioner, who apprehends arrest for offences under Sections 498(A) and 307/34 IPC registered in Mahila P.S. Case No. 21/2024, should be released on bail in the event of arrest or surrender. +1 more

Court's answer

In the event of his arrest or surrender within four weeks from communication of the order, the petitioner shall be released 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 SDJM, Saran, Chapra, in connection with Mahila P.S. Case No. 21 of 2024/Tr.No.3862/2024.

Ratio / Principle

The bail is subject to the condition that the petitioner shall pay Rs. 10,000/- (Rupees ten thousand) per month as interim maintenance to opposite party no. 2.

Key takeaways

This order shall be subject to any order passed by the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 229 of 2022.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail granted to petitioner who apprehended arrest in Mahila P.S. Case No. 21/2024 (Saran) for offences under Sections 498(A) and 307/34 IPC arising out of marital discord. After referral to the Patna High Court Mediation and Conciliation Centre ended in failure (Mediator's report dt. 18.08.2025, Flag-M) and the petitioner pleaded inability to meet opposite party no. 2's one-time settlement demand, the Court ordered release on bail, upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned SDJM, Saran, Chapra (Mahila P.S. Case No. 21 of 2024/Tr.No.3862/2024), conditioned on payment of Rs. 10,000/- per month as interim maintenance to opposite party no. 2, and subject to any order of the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 229 of 2022. (Nawneet Kumar Pandey, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2980 of 2025

Arising Out of PS. Case No.-21 Year-2024 Thana- MAHILA P.S. District- Saran

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

Sanjay Kumar Gaur @ sanjay kumar Gond S/O Late Radha Balam Sah @ Late Radha Ballav Sah Gond Resident of village- Rasidpur, Police Station - Manjhi, District - Saran

... ... Petitioner/s

Versus

The State of Bihar

Sima Kumari D/O Hari Narayan Singh R/O VIll.- Nawada Vedwaliya, P.SDerni, Dist- Saran

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms.Mili Kumari For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

8 17-11-2025 Heard the learned counsel for the parties.

The petitioner apprehends his arrest for the

offences alleged under Sections 498(A) and 307/34 of the Indian Penal Code registered in connection with Mahila P.S.Case No. 21/2024

The marital discord between the couple has

given rise to the present litigation.

To iron out the differences between the warring

couple, earlier the matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator dated 18.08.2025 at Flag-M shows that the mediation could not spring up fruitful result and thus the mediation failed.

Patna High Court CR. MISC. No.2980 of 2025(8) dt.17-11-2025 2/2

The learned counsel for the petitioner submits that on account of hard bargain by o.p.no.2 towards one-time settlement, it is not possible for the petitioner to meet her demand.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released 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 SDJM, Saran, Chapra in connection with Mahila P.S.Case No. 21 of 2024/Tr.No.3862/2024, subject to the condition that the petitioner shall make payment of Rs. 10,000/- (Rupees ten thousand) per month, as an interim maintenance, to the opposite party no.2.

This order shall be subject to any order passed by the Principal Judge, Family Court, Saran at Chapra in Maintenance Case No. 229 of 2022.

(Nawneet Kumar Pandey, J)

HR/-

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