Patna High Court
Rajesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond, sureties and specific monetary payment conditions.
Summary
Petitioner Rajesh Paswan, husband of Manju Devi, faced arrest in a case registered under IPC sections 323, 341, 504, 498A read with 34 for alleged torture and dowry harassment. He denied the allegations and offered to pay Rs.3,000 per month as temporary relief to his wife. The court, after mediation failed, considered his undertaking and the seriousness of the offences. It granted bail on a Rs.10,000 bond with two sureties, subject to conditions under CrPC section 438(2) and B.N.S.S. section 482, including monthly payments to the wife and possible cancellation for non‑compliance. The order also stipulated that the payment would be subject to any matrimonial or maintenance orders.
Issues considered
- Whether bail should be granted to the accused in a dowry harassment case pending trial.
- Whether the court can impose a monetary payment condition as part of bail.
- Whether provisions of CrPC section 438(2) and B.N.S.S. section 482 are applicable to the bail order.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 498A, 504
Subjects
- bail
- dowry harassment
- IPC
- CrPC
- mediation
- temporary relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23857 of 2024
Arising Out of PS. Case No.-415 Year-2023 Thana- BARHARA District- Bhojpur
======================================================
Rajesh Paswan S/o Jivratan Paswan @ Chulan Paswan R/o vill - Gajiyapur @
Gajipur, P.S. - Barahara (Sinha O.P.), Distt. - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manju Devi W/o Rajesh Paswan R/o vill - Samoria, P.S. - Koilwar, Distt. -
Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Adv.
For the Opposite Party/s : Mr.Abhay Kumar, APP
Mr.Navin Kumar Singh, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-02-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a case registered for the offences
punishable under Sections 323, 341, 504, 498(A)/34 of the
Indian Penal Code.
4. Petitioner is alleged to have committed torture and
Patna High Court CR. MISC. No.23857 of 2024(5) dt.17-02-2026
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harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the F.I.R. and submits
that he never committed torture to opposite party no. 2 or
demanded any dowry. However, the petitioner undertakes to
give Rs. 3,000/-per month by way of temporary relief/solace,
starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 C.J.M., Bhojpur, Ara in
connection with Barahara (Sinha O.P.) P.S. Case No. 415 of
2023, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/ Section 482 of the B.N.S.S.
as well as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
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(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
the bail-bond.
(4) 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)
anay
U T
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