Patna High Court
Vikram ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail may be granted under Section 438(2) CrPC with appropriate conditions, despite the serious nature of the allegations.
Summary
The petitioner, husband of the complainant, sought bail in a criminal case alleging dowry harassment, cruelty, and other offences under sections 341, 323, 504, 307, 498A, 34 of the IPC and the Dowry Prohibition Act. The State and the complainant opposed bail, contending the petitioner was complicit in the alleged cruelty and that the complainant was destitute. The petitioner denied the allegations and offered to pay a monthly interim relief of Rs. 3,000 to the complainant. The Court considered the bail application under Section 438(2) of the CrPC and the petitioner's undertaking. It granted bail on a cash bond of Rs. 10,000 with two sureties, subject to conditions including the payment of interim relief, filing of an affidavit by the complainant, and the possibility of cancellation for non‑payment. The order emphasized that the bail does not preclude further matrimonial or maintenance proceedings.
Issues considered
- The applicability of Section 438(2) CrPC for granting bail in a case involving dowry harassment and related offences.
- Whether the alleged cruelty and dowry demands justify denial of bail.
- Whether the Court can impose conditions of interim monetary relief as part of bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 307, 323, 34, 341, 498A, 504
Subjects
- bail
- dowry harassment
- IPC
- CrPC
- Section 438
- Section 498A
- domestic violence
- interim relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18658 of 2025
Arising Out of PS. Case No.-1932 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Vikram Chauhan Son of Nunu Chauhan @ Nunu Lal Resident of Village-
Chorvar, P.S. Kadirganj, District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tetri Devi Wife of Vikaram Chauhan, D/O- Ramashray Chauhan Resident of
Village- Chorvar, P.S. Kadirganj, District- Nawada, At present Resident of
Village- Tausa Beldari, P.s.- Atri, Distt.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar , Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
For OP No. 2 : Mr. Sanjeev Kumar , Advocate
Mr. Ritesh Kumar Narain singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioner, the
State and the opposite party no.2.
2. The petitioner, who is husband of opposite party
no.2, apprehends arrest in a case registered for the offence
punishable under sections 341 , 323 , 504, 307, 498 A and 34 of
Patna High Court CR. MISC. No.18658 of 2025(4) dt.12-02-2026
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IPC and 3/ 4 of the D. P Act.
3 . The prosecution case , in brief, is that marriage of
the complainant was solemnized with this petitioner as per
Hindu rites and rituals. It is alleged that after marriage , all the
accused persons named in the F.I.R. including these petitioners,
subjected the complainant to cruelty and harassment due to non-
fulfillment of additional demand of dowry and later, ousted her
from her matrimonial house .
4. Learned counsel appearing for the petitioner,
while denying the allegations, submits that the petitioner is
innocent and has falsely been implicated in this case because he
happens to be husband of opposite party no.2. Petitioner is ready
to keep her with honour and safety. Besides this, petitioner is
ready to give Rs. 3000/-per month to opposite party no.2 by
way of temporary relief/solace, starting from this month, subject
to any order passed in matrimonial, maintenance or connected
proceedings.
5 . Learned counsel for the State as well as opposite
party no.2 oppose the prayer for bail. Learned counsel for
opposite party no.2 submits that the petitioner, being husband of
opposite party no.2, in connivance with his family members,
subjected her to harassment and cruelty for non-fulfillment of
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demand of dowry and also ousted her to her parents’ house . It is
further submitted that she has no means of livelihood and is on
the verge of starvation .
6. In view of the undertaking of learned counsel for
the petitioner as well as condition of opposite party no.2, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, above-named, 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
Judicial Magistrate, First Class-cum-Civil Judge, Gaya in
connection with Complaint Case No. 1932 of 2023 ,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure as well as on the following
conditions:-
(i) Opposite party no.2. would file an affidavit before
the court below and bring on record her saving bank account
number for its communication to the petitioner.
(ii) Petitioner would deposit the aforesaid interim
relief per month in the saving bank account of the opposite party
no.2.
(iii) In case, petitioner fails to deposit the aforesaid
amount of temporary relief/solace for two consecutive months,
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the court below would be at liberty to cancel the bail-bond.
(iv) 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)
Koushik/-
U T
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