Patna High Court
Arbind PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act, 1961 — s. 3
- Indian Penal Code — s. 323, 406, 498A
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
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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
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