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Patna High Court

Guddu Jamadar @ Guddu kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Guddu Jamadar was charged in Chhabilapur PS Case No. 33 of 2023 for offences under several IPC sections and the Dowry Prohibition Act, alleged to have tortured his wife for dowry. He had earlier been granted anticipatory bail on the condition of paying monthly maintenance, which he could not fulfill due to illness. The petitioner argued he had a clean antecedent, was the husband of the informant, and denied any dowry‑related cruelty. The State opposed the bail application, citing the seriousness of the accusations. Considering the petitioner’s clean record, short period of custody, and the failure to comply with the maintenance condition being due to disease, the court allowed regular bail, directing release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted despite non‑compliance with the anticipatory bail maintenance condition
  • Whether the nature of the alleged dowry‑related offences warrants denial of bail
  • Whether the petitioner’s clean antecedent and period of custody justify granting bail

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC offences
  • anticipatory bail
  • maintenance
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27653 of 2026
                    Arising Out of PS. Case No.-33 Year-2023 Thana- CHHABILAPUR District- Nalanda
                 ======================================================
                 Guddu Jamadar @ Guddu kumar Son of Naresh Jamadar @ Naresh Chauhan
                 Resident of Village- Goraur PS- Chhabilapur District- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Chhabilapur P. S. Case No. 33 of 2023 registered for the

                   offences punishable under Sections 341, 323, 379, 504, 506,

                   498(a), 34 of the Indian Penal Code and Sections 3/4 of the

                   Dowry Prohibition Act.

                                3. As per prosecution case, informant was subjected to

                   torture and cruelty by this petitioner along with other F.I.R.

                   named accused persons due to non-fulfillment of demand of

                   dowry.

                                4. Learned counsel for the petitioner submits that

                   petitioner is husband of the informant and he never tortured or

                   harassed her for dowry. It is further submitted that earlier,
              Patna High Court CR. MISC. No.27653 of 2026(2) dt.08-05-2026
                                                          2/2




                        petitioner was granted anticipatory bail by this court vide order

                        dated 29.07.2024 passed in Cr. Misc. No. 15800 of 2024 with

                        condition to pay Rs. 3,000/- per month as interim maintenance

                        to the informant but since petitioner was suffering from disease,

                        he failed to abide by the aforesaid condition. Petitioner claims

                        clean antecedent and is in custody since 02.01.2026.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, clean

                        antecedent and period of custody, this bail application is

                        allowed. The petitioner, above named, is directed to be released

                        on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif

                        in connection with Chhabilapur P. S. Case No. 33 of 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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