Patna High Court

CR. MISC./19103/2026 of Prabhat Kumar Singh Vs The State of Bihar on 7 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19103 of 2026 Arising Out of PS. Case No.-148 Year-2020 Thana- SANOKHAR District- Bhagalpur ====================================================== Prabhat Kumar Singh Son of Ramu Singh R/o Vill.- Binjee, P.S. - Kodha, Dist. - Katihar. ...

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19103 of 2026

Arising Out of PS. Case No.-148 Year-2020 Thana- SANOKHAR District- Bhagalpur ======================================================

Prabhat Kumar Singh Son of Ramu Singh R/o Vill.- Binjee, P.S. - Kodha, Dist. - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

Anshu Kumari W/o Prabhat Kumar Singh, D/o Rajesh Kumar Singh R/o Village - Madarganj Ratanpur, P.S. - Sanokhar, Dist. - Bhagalpur.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Alok Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP

:

Mr. Diwakar Prasad Singh, Adv.

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

07-08-2026

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) of IPC and 3 and 4 of Dowry Prohibition Act.

3. The petitioner and the OP No. 2 are present in the Court in compliance of the order dated 06.08.2026.

4. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the informant, it is further submitted that relationship in between petitioner and the informant has soured to an extent where it is not possible to revive the conjugal relationship in the present, but with passage of time and on intervention of well-wisher, the parties may resolve their dispute amicably. It is further submitted that petitioner presently is employed with the Army and is posted at Jammu & Kashmir. It is further submitted that petitioner has a child who presently is staying with the informant. It is next submitted that 15% of the salary of the petitioner is to be deducted for payment to the OP No. 2 for the child with effect from 12.01.2023. It is also submitted that petitioner is even willing to pay a monthly maintenance of Rs. 8,000/- to the informant for her up-keep and well-being, apart from 15% which shall be deducted from his salary towards the expense of his child.

5. The learned counsel appearing on behalf of the informant based on instruction of the OP No. 2 submits that since petitioner is willing to pay a monthly maintenance of Rs. 8,000/-, as such, no useful purpose would be served by sending the petitioner to jail. It is also submitted may be with passage of time and on intervention of well-wisher, the parties may resolve their dispute amicably, but if petitioner is sent to judicial custody at this stage, the chances of future reconciliation will also get marred.

6. The OP No. 2 who is present in the Court at this stage submits that if the petitioner does not pay the amount of maintenance as agreed, then what will happen, on which the learned counsel appearing on behalf of the petitioner submits that petitioner is aware of the consequences which would entail in the event if he breaches the undertaking given to the Court.

7. At this stage, the learned counsel appearing on behalf of the informant submits that he will Whatsapp the saving bank account number of the OP No. 2 on the Whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner so that the amount of Rs. 8,000/- as agreed starts getting credited in her account with effect from 18.08.2026.

8. After hearing the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sanokhar P.S. Case No. 148 of 2020 subject to the conditions as laid down under Section 482 (2) of BNSS.

9. Accordingly, the application stands allowed.

10. However, it is made clear that if the petitioner does not credit the amount of Rs. 8,000/- in the bank account of the OP No. 2 for two consecutive months in that event, the OP No. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner.

rajesh/- (Satyavrat Verma, J) U T

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