Anticipatory bail plea in a dowry torture complaint case; parties agreed to a one-time settlement of Rs. twenty lacs. Bail granted on arrest or surrender with conditions including deposit of Rs. ten lacs by demand draft to the complainant and payment of the balance after disposal of divorce proceedings.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9309 of 2025
Arising Out of PS. Case No.-326 Year-2024 Thana- SAHARSA COMPLAINT CASE District- Saharsa
======================================================
Ajit Kumar Singh Son of Arun Kumar Singh R/o Presently Resident of Ward No. 33, Purvi Railway Colony, P.S.- and District- Saharsa, Permanent R/O Vill- Vishanpur, Ward No. 08, P.S.- Patarghat, District- Sahara
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Dinkar Kumar, Advocate For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 04-08-2025
Heard Mr.Dinkar Kumar, learned counsel for the
petitioner, learned counsel for the complainant and Mr.Dr. Kumar Uday Pratap, learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.9309 of 2025(5) dt.04-08-2025 2/4
Patna High Court CR. MISC. No.9309 of 2025(5) dt.04-08-2025 3/4
connection with Complaint Case No. 326 C of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of the BNSS,2023 and with other following conditions:-
(I) At the time of furnishing bail bond, the petitioner shall deposit Rs.Ten Lacs by way of demand draft in favour of the complainant, namely, Twinkal Kumari and the learned court below is directed to hand over the said demand draft to the complainant or her representative. The rest amount of Rs.Ten Lacs shall be paid by the petitioner to the complainant after disposal of the case under Section 13 (B)of the Hindu Marriage Act. If the petitioner fails to pay rest amount of Rs.Ten Lacs to the complainant after disposal of the case under Section 13 (B)of the Hindu Marriage Act, the complainant shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.
(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(III) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.9309 of 2025(5) dt.04-08-2025 4/4
witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(IV) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioner apprehending arrest in a dowry-torture complaint case should be released on bail upon arrest or surrender.
On what conditions, including a monetary settlement, bail should be granted.
5 provisions across 5 enactments
Ajit Kumar Singh
The State of Bihar
Twinkal Kumari
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
