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Patna High Court

Raja Sahni @ Raj Kumar SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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