Patna High Court
Bipin GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with specified conditions, including the wife as a bailor.
Summary
Petitioner Bipin Giri sought anticipatory bail fearing arrest in a dowry‑related complaint (sections 115(2), 352, 126(2), 303(2), 85, 3(5) of the BNS). The prosecution alleged assault and dowry demands by the complainant, his wife Kajal Kumari. The trial court had earlier referred the matter to a mediation centre, but the mediation report dated 22‑04‑2026 indicated failure. The petitioner submitted a supplementary affidavit and agreement dated 15‑04‑2026 showing that his wife had moved in with him and they were co‑habiting, seeking to have her stand as a bailor. Considering these submissions, the High Court granted anticipatory bail under Section 438(2) of the Cr.P.C., imposing conditions including a bail bond of Rs 10,000 with two sureties, the wife as a bailor, regular court appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged dowry‑related offences and the failure of mediation.
- Whether the wife can be accepted as a bailor based on the affidavit showing co‑habitation.
Legislation cited
- Bihar Negotiable Statutes — s. 115(2), 126(2), 303(2), 3(5), 352, 85
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- dowry
- mediation
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14102 of 2026
Arising Out of PS. Case No.-1424 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Bipin Giri S/o- Umesh Giri Resident of village-Siwaisingpur, Police Station-
Mohiuddinnagar, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Kajal Kumari W/o- Bipin Giri Resident of village-Siwaisingpur, Police
Station- Mohiuddinnagar, District- Samastipur., A/P- Raypur Bujurg Ps-
SArairanjan Dist- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-06-2026 Heard Mr. Pramod Kumar Singh, learned Counsel for
the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 1424 of 2024 for the offence registered
under sections 115(2), 352, 126(2), 303(2), 85, 3(5) of the BNS.
3. As per the prosecution story, the complainant is
married to this petitioner but allegation of dowry/assault led to the
present case.
4. In this case, earlier, the Court sent the matter to the
Mediation Centre but the report dated 22.04.2026 shows that it
failed.
5. Learned Counsel for the petitioner has come up with
Patna High Court CR. MISC. No.14102 of 2026(4) dt.24-06-2026
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supplementary affidavit annexing agreement dated 15.04.2026 to
show that the wife has moved with the husband and both are
staying together.
6. Though the informant is not represented, learned
APP, Mr. Jitendra Kumar Singh submits that the agreement is
dated 15.04.2026, the wife moved with the husband, how the
Mediator’s Report dated 22.04.2026 shows that it failed.
7. Learned counsel for the petitioner submits that today
itself, he has made telephonic conversation and has come to know
that both are staying together and in that background, if relief is
granted, the wife can be made one of the person who will be
standing as a bailor for the husband.
8. Taking into account the submissions of the parties as
also the supplementary affidavit which shows that the lady has
moved with the husband, in that background, this Court is inclined
to grant him the anticipatory bail with conditions.
9. It is made clear that his wife, Kajal Kumari shall be
one of the bailor before the Court.
10. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate-1st
Patna High Court CR. MISC. No.14102 of 2026(4) dt.24-06-2026
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Class, Samastipur in connection with Complaint Case No. 1424 of
2024 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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