Allowed¶23

Akhilesh Kumar v. The State of Bihar

Patna HC22 Jun 2026CR. MISC./3874/2026

Case brief

AI extract

What is this about?

anticipatory bail; conditional bail; maintenance undertaking; dowry demand; cruelty to wife; Sections 498(A)/34 IPC; Section 4 Dowry Prohibition Act; Section 482(2) BNSS; bail bond Rs. 10,000/-; Rs. 3,000/- per month; mediation failed; Complaint Case No. 511 of 2023; Vaishali at Hajipur; SDJM; Patna High Court; Criminal Miscellaneous No. 3874 of 2026; Prabhat Kumar Singh, J; 22-06-2026.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within eight weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and conditions including monthly deposit of Rs. 3,000/- maintenance in the complainant's savings bank account. ¶23

Akhilesh Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 511 of 2023 (Vaishali) for offences punishable under Sections 498(A)/34 IPC and Section 4 of the Dowry Prohibition Act, should be enlarged on anticipatory bail.

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Court's answer

Anticipatory bail application allowed in view of the petitioner's undertaking, through counsel, to pay Rs. 3,000/- per month to the complainant by way of temporary relief/solace starting from the current month.

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Ratio / Principle

Petitioner, in the event of arrest/surrender within eight weeks, to 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 the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 511 of 2023, subject to the conditions under Section 482(2) BNSS.

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Key takeaways

Complainant to file affidavit before the court below bringing on record her savings bank account number; petitioner to deposit the monthly maintenance amount therein; failure to deposit for two consecutive months entitles the court below to cancel the bail-bond.ratio¶29
The payments are 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¶30

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — CONDITIONAL ON MAINTENANCE UNDERTAKING. Patna High Court (Prabhat Kumar Singh, J; order dated 22-06-2026) allowed the anticipatory bail application of the husband-petitioner apprehending arrest in Complaint Case No. 511 of 2023 (P.S. Case No. 511 of 2023, Vaishali) registered for offences under Sections 498(A)/34 IPC and Section 4 of the Dowry Prohibition Act, after mediation referred on 19.03.2026 had failed. Enlargement on bail (if arrested/surrendering within eight weeks) ordered on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, subject to Section 482(2) BNSS and additional conditions: complainant to disclose her savings bank account by affidavit; petitioner to deposit Rs. 3,000/- per month therein as temporary relief/solace; failure to deposit for two consecutive months permits the court below to cancel the bail-bond; payments subject to any order in matrimonial, maintenance or connected proceedings and the order does not preclude resolution otherwise.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3874 of 2026

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Arising Out of PS. Case No.-511 Year-2023 Thana- VAISALI COMPLAINT CASE DistrictVaishali

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Akhilesh Kumar S/o Basudev Sahni Resident of Village- Sadhuapur, Rghunathpur, P.S. Bhagwanpur, District - Vaishali

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... ... Petitioner/s

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Versus

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The State of Bihar

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Suman Kumari W/o Akhilesh Kumar D/o Shambhu sahani, R/o Village - Rupanpatti, P.S - Baligaon, District - Vaishali

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. For the O.P. No. 2 : Mr. Hemant Ray, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 22-06-2026

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Earlier, vide order dated 19.03.2026, the matter was

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referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator’s Report (flag ‘M’), the mediation has failed.

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Heard learned counsel for the parties.

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The petitioner apprehends arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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As per prosecution case, marriage of complainant was solemnized with this petitioner in the year 2021. Thereafter, it is alleged that complainant was subjected to torture and cruelty due to non-fulfillment of demand of dowry.

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Patna High Court CR. MISC. No.3874 of 2026(6) dt.22-06-2026 2/3

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Learned counsel for the petitioner, while denying the allegations levelled against him, submits that petitioner, who is husband of the complainant, is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to the complainant by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

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In view of the aforesaid undertaking of learned counsel for the petitioner that petitioner is ready to give Rs. 3000/- per month to the complainant by way of temporary relief/solace, starting from this month, this anticipatory bail application is allowed.

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Let the above-named petitioner, in the event of arrest/surrender within a period of eight weeks from today, 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, Vaishali at Hajipur in connection with Complaint Case No. 511 of 2023, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita as well as on the following conditions:-

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‘(1) Complainant would file an affidavit before the

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Patna High Court CR. MISC. No.3874 of 2026(6) dt.22-06-2026 3/3

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court below and bring on record her savings bank account number for its communication to the petitioner.

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(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the complainant.

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(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.

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(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.’

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Akhilesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akhilesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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