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Patna High Court

Dharmendra Yadav @ Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner under Section 438(2) CrPC and Section 482 B.N.S.S., 2023, subject to a cash bond and sureties.

Summary

The petitioner, Dharmendra Yadav, filed a bail petition in the Patna High Court after being implicated in a complaint under Section 498‑A of the Indian Penal Code alleging matrimonial cruelty and dowry demand by his wife, Smriti Devi. The petitioner denied all allegations, claiming he never demanded dowry, did not torture his wife, and that she left the matrimonial home of her own volition. He argued that the case is triable before a magistrate and relied on the precedent set in Md. Naimul Haque Ansari & Ors. v. State of Bihar (2006(3) PLJR 182). The State opposed the bail, contending that the seriousness of the offence warranted continued custody. The Court considered the applicability of anticipatory bail under Section 438(2) of the Criminal Procedure Code and the inherent powers of the High Court under Section 482 of the B.N.S.S., 2023. After evaluating the facts, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions prescribed. The order effectively disposed of the bail petition while the criminal trial proceeds in the lower court.

Issues considered

  • Whether anticipatory bail can be granted in a complaint under Section 498‑A IPC.
  • Whether the High Court has jurisdiction to grant bail under Section 438(2) CrPC and Section 482 B.N.S.S., 2023 despite the case being triable by a magistrate.
  • Whether the allegations against the petitioner constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 498A
  • dowry harassment
  • matrimonial cruelty
  • Criminal Procedure Code
  • High Court jurisdiction
  • B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12643 of 2026
                    Arising Out of PS. Case No.-718 Year-2024 Thana- NALANDA COMPLAINT CASE
                                                     District- Nalanda
                 ======================================================
                 Dharmendra Yadav @ Dharmendra Kumar S/O Jawahir Yadav @ Javahir
                 Prasad @ Jawahar Prasad Dharmendra Resident of village- Gandhinagar, P.s.-
                 Parwalpur, Dist.- Nalanda.
                                                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Smriti Devi Wife of Dharmendra Yadav Resident of village- Gandhinagar,
                  P.S.- Parwalpur, District- Nalanda at present daughter of Late Sukhdev
                  Yadav, resident of village- Diripar, P.S.- Noorsarai, District- Nalanda.
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Manoj Kumar, Advocate
                 For the State           :       Mr. Pramod Kumar Pandey, APP
                 For the OP=2            :       None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   09-07-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. Despite valid service of notice, nobody

                   appears on behalf of opposite party no. 2.

                                 2. The petitioner, husband of the opposite party no. 2,

                    apprehends his arrest in a complaint case punishable for the

                    offence under Section 498-A of the Indian Penal Code.

                                 3. Allegation against petitioner is of matrimonial

                    cruelty and demand for dowry.

                               4. While denying the allegations made in the complaint

                    petition, learned counsel for the petitioner submits that

                    petitioner has been falsely implicated in this case merely

                    because he happens to be husband of opposite party no. 2. At

                    no point of time, petitioner demanded any dowry or committed
           Patna High Court CR. MISC. No.12643 of 2026(4) dt.09-07-2026
                                                       2/2




                      torture with opposite party no. 2 and she (opposite party no. 2)

                      left her matrimonial house out of her own sweet will.

                      Moreover, the case is triable by the learned Magistrate. The

                      petitioner has further relied upon the judgment of this Court in

                      the case of Md. Naimul Haque Ansari @ Naimul Haque

                      Ansari & Ors. Vs. The State of Bihar, reported in 2006(3)

                      PLJR 182.

                                  5. Learned A.P.P. opposes the prayer for bail.

                                  6. Considering the aforesaid facts and circumstances,

                     in the event of arrest or surrender within a period of eight weeks

                     from today, let this petitioner, as named above, 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 the

                     learned J.M. 1st Class, Nalanda at Biharsharif in connection with

                     Complaint Case No. 718C of 2024, subject to the conditions, as

                     laid down under Section 438(2) of the Cr.P.C. / Section 482 of

                     the B.N.S.S., 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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