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Patna High Court

Jugnu AryaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, imposing a bail bond and a monthly payment condition.

Summary

The petitioner, Jugnu Arya, was implicated in a dowry harassment complaint (Case No. 867 of 2024) alleging offences under IPC Sections 323, 354, 498A, 34 and Section 4 of the Dowry Prohibition Act. He contended that he had not committed any offence and sought anticipatory bail, offering to pay Rs.3,000 per month to his wife to maintain family harmony. The wife’s counsel accepted the offer, stating she was on the verge of starvation. The High Court, after hearing both sides, granted anticipatory bail, directing the petitioner to surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and deposit Rs.3,000 monthly in the wife’s bank account. The order was made subject to the provisions of Section 482(2) of the Code of Criminal Procedure and the conditions stipulated.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of the dowry harassment complaint.
  • Whether the condition of monthly payment to the complainant is a permissible condition for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC
  • Section 498A
  • domestic violence
  • bail conditions
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3433 of 2026
                   Arising Out of PS. Case No.-867 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Jugnu Arya S/o Sushil Pandit R/o Village- Kalyanchak, Panchayat Kataria,
                 Ward No 14, P.O- Dariyarpur, P.S- Muffasil, District- Munger
                                                                            ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Kajal Kumari W/o Jugnu Arya, D/o Santosh Pandit R/o Mohalla - Mianchak,
                  Chatti Road, ward no. 34, P.S. - Town, Distt.- Begusarai
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :     Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-05-2026                    Heard learned counsel for the parties concerned.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 867 2024, dated 25.05.2024,

                   registered for the offence punishable under Sections 323, 354,

                   498(A) and 34 of the Indian Penal Code and Section 4 of the

                   Dowry Prohibition Act.

                                3. The prosecution case in brief is that the

                   complainant was married to the petitioner on 18.11.2021. After

                   marriage, the accused persons demanded Rs. 3 lakh as dowry

                   and repeatedly harassed and assaulted her for non-fulfilment of

                   the demand. The husband, along with co-accused, threatened to

                   leave her and continuously harassed her by physically and

                   mentally. In the year 2024, he also threatened her parents and
Patna High Court CR. MISC. No.3433 of 2026(4) dt.06-05-2026
                                            2/3




          insisted on dowry. On 21.05.2024, while she was 3–4 months

          pregnant, she was assaulted and driven out of her matrimonial

          home. Since then, she has been residing at her parental house.

                       4. Learned Counsel for the petitioner submits that the

          petitioner has not committed any offence in the manner alleged

          and he has falsely been implicated in this case. However,

          without prejudice to the right and contention of the petitioner,

          and in order to maintain harmony in the family, the petitioner is

          ready and willing to pay a sum of Rs. 3,000/- per month to the

          Opposite Party No. 2 as living cost, subject to the final outcome

          of the present case as well as the matrimonial case, if any,

          pending and/or decided between the parties.

                       5. Learned Counsel for the complainant-Opposite

          Party No. 2 accepts the offer so made by learned Counsel for the

          petitioner and submits that O.P. No. 2 is at the verge of

          starvation and the petitioner may be directed to deposit the said

          amount of Rs. 3,000/- 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
           Patna High Court CR. MISC. No.3433 of 2026(4) dt.06-05-2026
                                                       3/3




                     fact that the offer made by learned Counsel for the petitioner has

                     been accepted by learned Counsel for the Opposite Party No. 2,

                     I am inclined to grant the petitioner privilege of anticipatory

                     bail.

                                  7. This application is, accordingly, allowed.

                                  8. 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 bail, upon furnishing

                     bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                     the like amount each to the satisfaction of learned Judicial

                     Magistrate, 1st Class, Begusarai, in connection with Complaint

                     Case No. 867 of 2024, 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.

                     3,000/- per month in bank account of the Opposite Party No. 2

                     positively by the 7th day of every month starting from the month

                     of June, 2026.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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