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Patna High Court

Bipin GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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