Patna High Court
Raja Sahni @ Raj Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner with specified conditions, invoking Section 438(2) Cr.P.C. and Section 482 B.N.S.S.
Summary
The petitioner, Raja Sahni, was charged in a complaint case under Sections 498A and 504 of the Indian Penal Code for alleged dowry harassment and torture of his wife, Sharda Devi. He feared arrest and denied the allegations, offering to pay a temporary relief of Rs.3,000 per month to the wife. The High Court, after mediation failed, considered his undertaking and the statutory provisions governing bail. It granted bail on a bond of Rs.10,000 with two sureties, subject to conditions including monthly payments to the wife and compliance with Section 438(2) of the Cr.P.C. and Section 482 of the B.N.S.S. The order also required the wife to file an affidavit and provide her bank details, and allowed cancellation of bail for non‑payment.
Issues considered
- Whether bail can be granted in a complaint case under Sections 498A and 504 IPC.
- Whether the petitioner’s undertaking to pay monthly relief suffices as a condition for bail.
- Applicability of Section 438(2) Cr.P.C. and Section 482 B.N.S.S. in granting bail.
Legislation cited
- B.N.S.S. — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 498A, 504
Subjects
- dowry harassment
- Section 498A
- Section 504
- bail
- mediation
- temporary relief
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11655 of 2026
Arising Out of PS. Case No.-1472 Year-2019 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Raja Sahni @ Raj Kumar Sahni S/O Arun Sahni Resident of Village-
Takiapar, P.S- Danapur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sharda Devi W/O Raja Sahni, D/O Manoj Mahto R/O Kurji Balupar, P.S-
Digha, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
Mr.Shadab Akhter, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 01-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offences under Sections 498(A), 504 of the Indian Penal Code.
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
Patna High Court CR. MISC. No.11655 of 2026(4) dt.01-07-2026
2/3
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 J.M. 1st Class, Patna in
connection with Complaint Case No. 1472 (C) of 2019, subject
to the conditions laid down under section 438(2) of the
Cr.P.C./482 of the B.N.S.S. as well as on the following
conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
Patna High Court CR. MISC. No.11655 of 2026(4) dt.01-07-2026
3/3
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
the bail-bond.
(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.”
(Prabhat Kumar Singh, J)
anay
U T
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