Patna High Court
Chhote Lal RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond, sureties, and conditions for mediation and speedy trial.
Summary
The petitioner, Chhote Lal Rai, was arrested in connection with a Mahila Police Station case alleging cruelty and dowry harassment under IPC sections 498A, 341, 323 and the Dowry Prohibition Act for demanding a motorcycle as dowry. The petitioner contended that he and his wife had been living separately for four years and that the dowry demand allegation was vague and omnibus. The prosecution opposed bail, but the court observed that the allegations did not constitute a strong prima facie case and that the petitioner's clean antecedents warranted release. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code, and directed the trial court to attempt mediation and, if unsuccessful, to expedite the trial. The court also advised the wife that she could approach the Family Court for maintenance.
Issues considered
- Whether the allegations of dowry demand and cruelty constitute a prima facie case justifying denial of bail
- Whether bail should be granted under Section 482(2) of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 341, 498A
Subjects
- bail
- dowry harassment
- cruelty
- IPC 498A
- family law
- mediation
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2436 of 2025
Arising Out of PS. Case No.-36 Year-2022 Thana- MAHILA P.S. District- Saran
======================================================
Chhote Lal Rai, Son of Baleshwar Ray, Resident of Village- Sihoriya, P.s.-
Madhaura, District- Saran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Manu Kumari Wife of Chhote Lal Ray Resident of Village/Mohalla-
Sihoriya, P.S.- Madhaura, Distt.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Arvind Kumar Pandey, APP
for the Informant : Mr. Ajay Kumar Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned Additional Public Prosecutor appearing on
behalf of the State and learned counsel appearing on behalf of the
informant.
2. The accused/petitioner apprehending his arrest in
connection with Mahila P.S. Case No. 36 of 2022 registered for
the offences punishable under Sections 498(A), 341, 323 of the
Indian Penal Code and Section ¾ of Dowry Prohibition Act.
3. The allegation as per FIR is to commit cruelty against
petitioner upon the informant alongwith his family members/co-
accused persons due to non-fulfillment of demand of dowry, as
raised for one motorcycle.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.2436 of 2025(6) dt.15-01-2026
2/3
behalf of the petitioner that the parties are living separately for
long four years. It is pointed out that the allegation qua demand of
motorcycle as dowry also appears general and omnibus in nature.
The petitioner claimed clean antecedent.
5. Learned APP, duly assisted by learned counsel Mr.
Ajay Kumar Tiwary, appearing on behalf of the informant, while
opposing the prayer of bail submitted fairly that parties are living
separately since last four years.
6. In view of aforesaid factual submissions and by
taking note of fact as the allegation qua demand of motorcycle as
dowry appears prima facie general and omnibus against petitioner,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
District and Sessions Judge-XII, Saran at Chapra/concerned
Court, where the case is pending in connection with Mahila P.S.
Case No. 36 of 2022 subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that the trial court at first instance is
directed to take appropriate steps for mediation between the
Patna High Court CR. MISC. No.2436 of 2025(6) dt.15-01-2026
3/3
parties and if it is fails, to expedite the trial in accordance with law.
8. The opposite party no. 2 is also free to approach
Family Court for maintenance and other related grievance, in
accordance with law.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…