Patna High Court
Rishi @ Rishi RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted to the petitioner subject to a bond, sureties, and specific conditions including monthly payments to the complainant.
Summary
The petitioner, Rishi Raj, was accused in a complaint under Sections 85, 109, 126(2) of the Bihar Negotiable (B.N.S.) and Sections 3 and 4 of the Dowry Prohibition Act for alleged torture and dowry harassment of his wife, the second opposite party. He denied the allegations and offered to pay Rs. 3,000 per month as temporary relief to the complainant. The matter had been referred to mediation, which failed. The court considered the petitioner's undertaking and, invoking its powers under Section 482 of the B.N.S., ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions including monthly payments to the complainant and filing of an affidavit. The bail order also provided that failure to make two consecutive payments could lead to cancellation of the bail bond. The order emphasized that the bail condition does not preclude resolution of the dispute in matrimonial or maintenance proceedings.
Issues considered
- Whether the petitioner is entitled to bail in a dowry harassment complaint pending arrest.
- Whether an undertaking to pay a monthly amount constitutes sufficient ground for bail.
- Whether the court may impose conditions under Section 482 of the B.N.S. in granting bail.
Legislation cited
- Bihar Negotiable (B.N.S.) — s. 109, 126(2), 85
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- dowry harassment
- bail
- Section 482
- mediation
- temporary relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12175 of 2026
Arising Out of PS. Case No.-839 Year-2024 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Rishi @ Rishi Raj S/O Bhagirath Prasad R/O Village- Mai, P.S.- Hilsa,
District- Nalanda at present residing at Gokul Dham Road, Near Pani Tanki
Abash Para , Dhuru, Bilashpur, P.S.- Sakri, District- Bilashpur, State-
Chhatisgarh.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Purnika Kumari W/O Rishi @ Rishi Raj D/O Sanjay Prasad, R/O Village-
Sardarpur, P.S- Bind, Distt.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binoy Kumar, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
Mr.Pramod Kr. Sinha, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 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 85, 109, 126(2) & other allied sections
of B.N.S. and Section 3/4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.12175 of 2026(3) dt.01-07-2026
2/3
4. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
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, Biharsharif,
Nalanda in connection with Complaint Case No. 839(C) of
2024, subject to the conditions laid down under section 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
Patna High Court CR. MISC. No.12175 of 2026(3) dt.01-07-2026
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communication to the petitioner.
(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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