Patna High Court
Dilip RajbharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Dilip Rajbhar, was named in a complaint case (Gopalganj Complaint No.2304 of 2019) alleging offences under IPC sections 341, 323, 406, 498A, 504 and 506 relating to dowry harassment and torture of his wife. He applied for anticipatory bail, claiming innocence and that the allegations were a result of a petty family dispute with no specific evidence of dowry demand or torture. The State opposed the bail, but the court noted the general and omnibus nature of the accusations and the lack of concrete material against the petitioner. Relying on precedent (Md. Naimul Haque Ansari v. State of Bihar) the court allowed the anticipatory bail. The order directed the petitioner to surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the complaint containing general and omnibus allegations under multiple IPC sections.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 323, 341, 406, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- Criminal Procedure Code
- family dispute
- magistrate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22604 of 2026
Arising Out of PS. Case No.-2304 Year-2019 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Dilip Rajbhar S/O Manoj Rajbhar R/O Village- Navka Tola, Khairwa, P.S.-
Vijaipur, Distt.- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gita Devi W/O Dilip Rajbhar, D/O Heera Rajbhar R/O Village- Navka Tola,
Khairwa, P.S.- Vijaipur, Distt.- Gopalganj, Present Add. Vill.- Dumrauna,
P.s.- Kateya, Dist.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vikash Kumar Shukla, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
For Opposite Party No. 2: None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 29-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. Despite valid service of notice, nobody appears on
behalf of the complainant/Opposite Party No. 2.
3. The petitioner apprehends his arrest in a complaint
case registered for the offences punishable under Sections 341,
323, 406, 498A, 504 and 506 of the Indian Penal Code.
4. The prosecution case, in nutshell, is that marriage
of the complainant was solemnized with this petitioner as per
Hindu rites and rituals on 12.05.2019. It is alleged that after
marriage, all the accused persons named in the complaint
Patna High Court CR. MISC. No.22604 of 2026(3) dt.29-06-2026
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petition, including this petitioner, subjected the complainant to
torture and harassment due to non-fulfillment of demand of
dowry and subsequently, ousted her from her matrimonial
house.
5. It is submitted on behalf of petitioner that petitioner
is quite innocent and has committed no offence. Petitioner has
falsely been implicated in this case merely because happens to
be husband of the complainant and present case has been lodged
due to petty family dispute. There are general and omnibus
allegations. As a matter of fact, the petitioner at no point of time
demanded any dowry or committed torture. It is further
submitted that petitioner is ready to keep the complainant, as his
wife, with full honour and dignity. It is next submitted that the
case is triable by the Magistrate. In this connection, learned
counsel for the petitioner has relied upon a 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.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of petitioner.
7. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
Patna High Court CR. MISC. No.22604 of 2026(3) dt.29-06-2026
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grant of anticipatory bail to the petitioner is allowed.
8. Accordingly, let the above named petitioner, in the
event of his arrest/surrender within a period of eight weeks from
today, 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 A.C.J.M., 15th-cum-Sub Judge
15th, Gopalganj in connection with Gopalganj Complaint Case
No. 2304 of 2019, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
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