Patna High Court
JITENDRA PASWAN @ JITENDRA KUMAR PASWANversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted under Section 438(2) CrPC, subject to the petitioner's undertaking to pay Rs. 3,000 per month and the stipulated conditions.
Summary
The petitioner, Jitendra Paswan, was charged in a complaint case (No. 854 of 2022) for alleged offences under Sections 498A and 323 of the IPC, relating to alleged dowry harassment and torture of his wife, Anita Devi. He denied the allegations and feared arrest, offering to pay a temporary relief of Rs. 3,000 per month to the complainant. The court, after mediation failed, considered his undertaking and the provisions of Section 438(2) of the CrPC. It granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions including the monthly payment and the possibility of cancellation for non‑payment. The order also required the complainant to file an affidavit and provide her bank details. The bail was conditioned on any future matrimonial or maintenance orders and did not preclude other resolutions.
Issues considered
- Whether bail can be granted under Section 438(2) of the CrPC in a complaint case involving offences under Sections 498A and 323 IPC.
- Whether the petitioner's undertaking to pay a monthly amount constitutes sufficient ground for bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 498A
Subjects
- bail
- Section 438 CrPC
- dowry harassment
- Section 498A IPC
- Section 323 IPC
- mediation failure
- temporary relief
- criminal miscellaneous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12680 of 2026
Arising Out of PS. Case No.-854 Year-2022 Thana- COMPLAINT CASE District- Araria
======================================================
JITENDRA PASWAN @ JITENDRA KUMAR PASWAN S/O DUKHI
PASWAN R/O VILL.- MADHURA DAKSHIN, WARD NO. 10, P.S.-
NARPATGANJ, DIST.- ARARIA.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. ANITA DEVI W/O JITENDRA PASWAN, D/O PARMANAND PASWAN
R/O VILL.- MADHURA DAKSHIN, WARD NO. 10, P.S.- NARPATGANJ,
DIST.- ARARIA.. AT PRESENT R/O VILL.- MIRDAUL, WARD NO. 13,
P.S.- NARPATGANJ, DIST.- ARARIA.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
Mr.Kamal Kishore Singh, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-07-2026 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), 323 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.12680 of 2026(4) dt.09-07-2026
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, Araria in
connection with Complaint Case No. 854C of 2022, subject to
the conditions laid down under section 438(2) of the Code of
Criminal Procedure 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.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
Patna High Court CR. MISC. No.12680 of 2026(4) dt.09-07-2026
3/3
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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