Allowed¶21

Subodh Kumar v. The State of Bihar

Patna HC6 Aug 2025CR. MISC./5238/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Crl. Misc. No. 5238 of 2025; section 498A IPC; dowry demand and torture; Complaint Case No. 142 of 2023; bail bond Rs 10,000 with two sureties; section 438(2) Cr.PC conditions; monthly payment of Rs. 4,000/- to wife; liberty to apply for cancellation of bail; Soni Shrivastava, J.

What did the court decide?

Prayer for anticipatory bail allowed: release on bail upon arrest/surrender within four weeks on bail bonds of Rs 10,000/- with two sureties of the like amount each, subject to section 438(2) Cr.PC conditions, cooperation in investigation/trial, and the recorded undertaking regarding monthly payment of Rs. 4,000/- with liberty to O.P. No. 2 to seek cancellation on two consecutive defaults. ¶21

Subodh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 142 of 2023 registered for offences under section 498A IPC (alleged dowry demand and torture), should be released on anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of the petitioner's arrest or surrender within four weeks, he is to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each, to the satisfaction of the learned court below where Complaint Case No. 142 of 2023 is pending, subject to the conditions under section 438(2) Cr.PC and a further condition that he cooperate in investigation/trial.

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Ratio / Principle

Conditional liberty recorded: if O.P. No. 2 furnishes her bank account details within two weeks and the petitioner thereafter fails to pay the offered amount on two consecutive dates, she would be at liberty to file for cancellation of bail.

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Detailed headnote1 paragraphs

Anticipatory bail (section 438 Cr.P.C.) granted to the petitioner-husband in Complaint Case No. 142 of 2023 (P.S. Patna City, District Patna), registered for offence under section 498A IPC with allegations of demand of dowry and torture. Upon arrest or surrender within four weeks, petitioner to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each, subject to section 438(2) Cr.PC conditions and cooperation in investigation/trial. Counsel's offer of Rs. 4,000/- per month to the complainant-wife noted; if she furnishes her bank account within two weeks and the petitioner defaults on two consecutive dates, she is at liberty to seek cancellation of bail. (Soni Shrivastava, J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5238 of 2025

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Arising Out of PS. Case No.-142 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna

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

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Subodh Kumar S/O Gajendra prasad Resident of Mohalla- Kaji Bazar, Hilsa, P.s.- Hilsa, Dist.- Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Anita Kumari D/O Late Lal Babu Shah R/O Mohalla- Gawal Toli, Sultanganj, P.O. and P.S.- Sultanganj, Dist. and Town- Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar, Adv For the State : Mr.Veena Kumari Jaiswal, APP For the Complainant Mr. Surya Prakash Singh, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 06-08-2025

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Heard learned counsel for the petitioner and learned

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counsel for the OP.No.2 learned APP for the State.

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Petitioner apprehends his arrest in a case registered for the offences punishable under section 498A of the Indian Penal Code.

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The case is one under section 498A and the petitioner is husband. The complaint case discloses an allegation of demand of dowry and torture.

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Learned counsel for the petitioner submits that the allegations made in the complaint is not correct and as a matter of fact, the petitioner is still ready to keep his wife with full honour and dignity but it was OP.No.2, who was not willing to stay with the petitioner.

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The learned counsel for the O.P.No. 2 however opposes

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Patna High Court CR. MISC. No.5238 of 2025(4) dt.06-08-2025 2/2

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the prayer for bail.

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At this stage, the learned counsel for the petitioner makes an offer to pay a sum of Rs. 4,000/- per month to the OP.No.2 subject to final outcome of any maintenance or collateral proceeding.

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Considering all the above mentioned facts and circumstances, let the petitioner, in the event of his arrest/ surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Complaint Case no. 142 of 2023, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall cooperate in investigation/ trial.

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8.Learned counsel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, if the O.P.No. 2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail.

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(Soni Shrivastava, J)

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N.K/-

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U T

Subodh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subodh Kumar v. The State of Bihar

Case brief

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What the court decided

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