Patna High Court
CR. MISC./22864/2026 of Ravi Kumar Nirmal Dev @ Nirmal Dev @ Ravi Nirmal Dev Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22864 of 2026 Arising Out of PS. Case No.-438 Year-2024 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Ravi Kumar Nirmal Dev @ Nirmal Dev @ Ravi Nirmal Dev Son of Devendra Kumar R/o
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22864 of 2026
Arising Out of PS. Case No.-438 Year-2024 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
Ravi Kumar Nirmal Dev @ Nirmal Dev @ Ravi Nirmal Dev Son of Devendra Kumar R/o Village - Gauchhari, Police Station - Maheshkhunt, Dist
- Khagaria.
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
Moni Kumari Wife of Ravi Nirmal Dev @ Ravi Kumar Nirmal Dev @
Nirmal Dev R/o Village - Gauchhari, Police Station - Maheshkhunt, Dist - Khagaria, Present Add- Moni Kumar aged about 25 years(Female)D/o Subodh Chaurasia, At - Navtolia Mathurapur, Ward no. 8, Nagar Parishad Khetra, P.S. and Dist. - Khagaria.
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP
For the Informant
:
Mr. Bharat Bhushan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
13-08-2026 Heard Mr. Mritunjay Kumar, learned counsel for the petitioner and Mr. Ravi Shankar Roy representing the complainant beside the learned APP, Mr. Bharat Bhushan.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 438C of 2024 for the offence under sections 85 and 115(2) of the BNS and Section 4 of the Dowry Prohibition Act lodged by the complainant, Moni Kumari.
3. The lady has alleged torture by the husband- petitioner which led to institution of Complaint Case No. 438C of 2024 before the competent Court, Khagaria.
4. Earlier, the Coordinate Bench sent the matter for the mediation but as per the report dated 10.08.2026, despite number of adjournments, they failed to resolve the issue and as such, the mediation failed.
5. Today, on call, good sense prevailed upon the parties and learned counsel for the petitioner submitted before the Court, in the presence of the lady-complainant, Moni Kumari that the petitioner has given instruction to record the following facts: “(i) he is ready to pay the lady Rs. 10,00,000/- and the ‘Stri Dhan’;
(ii) Rs. 5,00,000/- shall be handed over to the complainant at the time of execution of bail bond;
(iii) the ‘Stri Dhan’ which she brought from her ‘maike’ shall also be handed over to her at the time of execution of bail bond.”
6. The demand draft for the aforesaid amount, in the name of the lady and duly issued by the local State Bank of India Branch, shall be submitted at the time of execution of the bail bond. The Court concerned shall notice the lady and once she present herself, the Bank draft and the ‘Stri Dhan’ shall be handed over to her after verifying her credentials. The lady shall be handing over the list of the ‘Stri Dhan’ to the petitioner through the Court.
7. So far as the next five lakhs are concerned, it has been agreed between the parties that Rs. 2,00,000/- will be handed over to the lady through a bank draft within a period of two months and the rest Rs. 3,00,000/- in the form of demand drafts of Rs. 1,00,000/- each within the next couple of months and the entire amount shall be paid by 31st of December, 2026.
8. It has also been agreed between the parties that prior to the handing over of the last demand draft, the parties shall enter into an agreement, as submitted by them, recording therein to mutually withdraw the cases lodged and shall also be filing appropriate petition for their judicial separation.
9. In view of the aforesaid joint submissions put forward by the parties, as recorded, while learned counsel, Mr. Mritunjay Kumar has taken instruction from his client (the petitioner herein), the lady is present in the Court and after interacting with her, learned counsel for the complainant, Mr. Ravi Shankar Rai has given his consent, in that background, this Court is inclined to grant relief to the petitioner.
10. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria in connection with Complaint Case No. 438C of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
Adnan/- (Rajiv Roy, J) U T