Patna High Court
Chandan Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, two sureties and a condition to deposit Rs 5,000 per month in the complainant’s bank account.
Summary
The petitioner, Chandan Kumar Rai, was implicated in a complaint alleging dowry harassment, assault, theft and criminal intimidation under various sections of the IPC and the Dowry Prohibition Act. He sought anticipatory bail, claiming innocence and asserting that no dowry demand or violence occurred. The complainant, his wife Priyanka Devi, alleged that the petitioner demanded Rs 5 lakhs and a motorcycle as dowry, leading to her mental and physical torture, and she also sought maintenance. The court, after hearing both sides and noting the petitioner’s offer to pay Rs 5,000 per month to the complainant, granted anticipatory bail with a bail bond, sureties and the condition of monthly payment. The order was made under Section 482(2) of the Criminal Procedure Code, emphasizing the need to balance the petitioner’s liberty with the complainant’s financial needs.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite the serious allegations under Sections 341, 323, 504, 498A, 379, 506/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
- Whether the court may impose a condition of monthly monetary payment to the complainant as part of anticipatory bail.
- Whether the nature of the alleged offences warrants denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 379, 498A, 504, 506
Subjects
- anticipatory bail
- dowry harassment
- Indian Penal Code
- Dowry Prohibition Act
- Section 482 CrPC
- bail conditions
- family dispute
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25640 of 2025
Arising Out of PS. Case No.-2027 Year-2022 Thana- BHOJPUR COMPLAINT CASE Dis-
trict- Bhojpur
======================================================
Chandan Kumar Rai S/o Rajendra Prasad Rai @ Gagendra Prasad R/o Vil-
lage- Bhaluana, P.S.- Charpokhari, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi W/o Chandan Kumar Rai D/o Laddu Rai, R/o BHaluana,
P.S.- Charpokhari, District- Bhojpur. At present R/o Agiwan, P.S.- Agiwan
(Garhani), Dist.- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suryajit Prakash
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 09-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 2027 of 2022 dated 13.12.2022 registered
for the offence punishable under Sections 341, 323, 504,
498(A), 379, 506 / 34 of the I.P.C. and Section 3 / 4 of the D.P.
Act.
3. The prosecution case in short is that the marriage of the
complainant was solemnized with the petitioner according to
Hindu rites and rituals on 01.05.2015. It is alleged that the
accused persons including the petitioner started demanding five
lakhs and one Hero Honda motorcycle as dowry and due to
non-fulfillment of the demand they tortured the complainant
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mentally and physically.
4. Learned counsel for the petitioner submits that petitioner is
innocent and he has not committed any offence in the manner
alleged and has falsely been implicated in this case. He further
submits that neither any dowry demand has been made from the
complainant by the petitioner or any of his family members nor
the complainant has been subjected to any type of assault or
torture at any point of time. The petitioner has filed Divorce
Case No. 274 of 2022 on 12.07.2022 in the Family Court at Ara,
Bhojpur in which the complainant appeared and thereafter she
has filed the present complaint. However, without prejudice to
the right and contention of the petitioner and in order to main-
tain harmony in the family, the petitioner undertakes to pay a
sum of Rs. 5,000/- per month to the opposite party no. 2 as
“living cost” subject to final outcome of the present case as well
as matrimonial case and / or maintenance case if any filed and
decided between the parties.
5. Learned counsel for the complainant / opposite party no. 2
submits that the complainant has one girl child to look after and
the complainant / opposite party no. 2 is at the verge of
starvation. However, he accepts the offer so made by learned
counsel for the petitioner and submits that the petitioner may be
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directed to deposit the said amount of Rs. 5,000/- per month in
the bank account of the complainant / opposite party no. 2 ,
details of which shall be furnished by learned counsel for the
opposite party no. 2 to learned counsel for the petitioner within
ten days from today.
6. After having heard learned counsel for the parties and
taking into consideration the materials on record and the fact
that offer made by learned counsel for the petitioner has been
accepted by learned counsel for the opposite party no. 2, as
such, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of his arrest /
surrender before the learned court below within a period of six
weeks from today be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of Ms. Nandini Suman,
Judicial Magistrate of First Class, Ara, Bhojpur in connection
with Complaint Case No. 2027 of 2022 subject to the condition
as laid down under Section 482(2) of the B.N.S.S. as well as
the following condition:-
(i) that the petitioner shall deposit a sum of
Rs. 5,000/- per month in the bank account of the
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opposite party no. 2 positively by the 7th day of
every month starting from the month of May,
2026.
(Anil Kumar Sinha, J)
praful/-
U T
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