Created by Fuzzy Cloud

Patna High Court

Arbind PathakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are to be released on bail subject to a bond and sureties under Section 482(2) of the CrPC.

Summary

The petitioners, Arbind Pathak and Durgawati Devi, who are the father‑in‑law and mother‑in‑law of the complainant, applied for bail in connection with Complaint No. 1186 of 2024 alleging offences under IPC sections 323, 498A, 406 and Section 3 of the Dowry Prohibition Act for alleged cruelty and dowry demands. They contended that the allegations were general, that mediation was pending, and that the complainant's husband had already filed an anticipatory bail petition. The Additional Public Prosecutor opposed the bail. The High Court, after considering the submissions, held that the petitioners could be released on bail, directing them to furnish a bond of Rs 10,000 each with two sureties, invoking the inherent powers of the Court under Section 482(2) of the Code of Criminal Procedure. The bail order was conditioned on compliance with the stipulated terms.

Issues considered

  • Whether the petitioners are entitled to bail despite allegations under IPC sections 323, 498A, 406 and the Dowry Prohibition Act.
  • Whether the nature of the allegations as general and omnibus warrants denial of bail.
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • dowry harassment
  • cruelty
  • in‑laws
  • IPC 323
  • IPC 406
  • IPC 498A
  • Dowry Prohibition Act
  • Section 482 CrPC
  • high court inherent powers
  • mediation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23109 of 2025
                  Arising Out of PS. Case No.-1186 Year-2024 Thana- GOPALGANJ COMPLAINT CASE
                                                   District- Gopalganj
                 ======================================================
           1.     Arbind Pathak, Son of Late Ramawadh Pathak, R/o village- Majhwaliya, ps-
                  Vijayipur, Dist- Gopaganj.
           2.    Durgawati Devi wife of Arbind Pathak, R/o village- Majhwaliya, ps-
                 Vijayipur, Dist- Gopaganj.
                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar.
           2.     Archana Pathak, Wife of Dhananjay Pathak, R/o village- Majhwaliya, ps-
                  Vijayipur, Dist- Gopaganj.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Prince Kumar Mishra, Advocate
                 For the Opposite Party/s :    Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   13-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                 2. The accused/petitioners apprehending their arrest in

                   connection with Complaint Case No. 1186 of 2024 registered for

                   the offences punishable under Sections 323, 498(A), 406 of the

                   Indian Penal Code, 1860 and Section ¾ of Dowry Prohibition Act.

                                3. As per complaint, petitioners being in-laws alongwith

                   other family members/co-accused persons alleged to commit

                   cruelty upon complainant due to non-fulfillment of demand of

                   dowry as raised for cash of Rs. 2 lacs and one bullet motorcycle.
Patna High Court CR. MISC. No.23109 of 2025(4) dt.13-01-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are in-laws i.e. father-in-

          law and mother-in-law and pending mediation with these

          petitioners is of no purpose. It is submitted that the husband of

          complainant already filed one anticipatory bail petition, which is

          pending before the learned trial court as ABP No. 993 of 2025. It

          is pointed out that the husband of the complainant undertakes to

          cooperate in mediation proceedings. It is also submitted that the

          allegation qua committing cruelty and physical assault is appearing

          very much general and omnibus in nature against petitioners for all

          such occurrence which took place in Chhatisgarh, to harass these

          petitioners, the present complaint case was lodged, whereas for

          the occurrence which took place in Chhatisgarh where the

          complainant was living with her husband i.e. with son of

          petitioners, a police case already lodged there.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as both petitioners are in-laws facing general

          and omnibus allegation qua alleged cruelty, accordingly, both

          above named petitioners, in the event of their arrest or surrender

          before the learned trial Court, within a period of four weeks of the

          order, are directed to be released on bail furnishing bail bond of
              Patna High Court CR. MISC. No.23109 of 2025(4) dt.13-01-2026
                                                          3/3




                        Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the

                        like amount each to the satisfaction of the learned District and

                        Additional Sessions Judge-IX, Gopalganj/concerned Court, where

                        the case is pending in connection with Complaint Case No. 1186 of

                        2024 subject to the conditions as laid down under Section 482(2)

                        of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.