Patna High Court
Rohit Pandey @ Rohit RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions, including a bail bond and monthly maintenance payments.
Summary
The petitioner, Rohit Pandey, was arrested in a case alleging cruelty and dowry harassment under Sections 498A and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The matter had been referred to mediation, which failed, prompting the petitioner to seek anticipatory bail. He denied the allegations and offered to pay a temporary maintenance amount of Rs. 3000 per month to the complainant. The Court, noting the petitioner’s undertaking to provide the maintenance and the failure of mediation, allowed the anticipatory bail application subject to strict conditions, including deposit of a bail bond and compliance with the maintenance payment. The order also stipulated that failure to pay the maintenance for two consecutive months could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to a person accused under Sections 498A, 34 IPC and Section 4 Dowry Prohibition Act.
- Whether the petitioner’s undertaking to pay temporary maintenance is sufficient ground to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A IPC
- Section 34 IPC
- Dowry Prohibition Act
- maintenance
- mediation failure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28076 of 2025
Arising Out of PS. Case No.-2064 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Rohit Pandey @ Rohit Raj S/O Bindeshwari Pandey R/o village- Dhokarha,
P.S.- Majhauwaliya, Dist.- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shaili Kumari W/O Rohit Pandey, D/O Prem Tiwari At Present Add. R/O
Near Old NCC Office Station, Janpul Road, P.S.- Motihari Town, Dist.- East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, A.P.P.
For the Informant : Mr. Sunil Kumar, No. III, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 08-01-2026 Earlier, vide order dated 14.07.2025, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 498A/34 of the
Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2020. Thereafter,
it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.28076 of 2025(5) dt.08-01-2026
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cruelty due to non-fulfillment of demand of dowry.
5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 3000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
3000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, 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 Chief Judicial Magistrate, East Champaran,
Motihari in connection with Tr. No. 2829 of 2023 arising out of
Complaint Case No. 2064 of 2022, subject to the conditions laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita as well as on the following conditions:-
Patna High Court CR. MISC. No.28076 of 2025(5) dt.08-01-2026
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‘(1) Complainant would file an affidavit before the
court below and bring on record her savings bank account
number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance 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)
Navya/-
U T
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