Patna High Court
Jugnu AryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 323, 34, 354, 498A
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
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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
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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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