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Patna High Court

Dhiraj Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted due to the nature and gravity of the dowry harassment allegations.

Summary

The petitioner, Dhiraj Kumar Gupta, was charged under sections 115(2), 85, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 3 and 4 of the Dowry Prohibition Act for alleged dowry harassment and cruelty towards his wife, Kanchan Kumari. He applied for bail, claiming innocence and stating he could not pay interim maintenance. The State opposed bail, alleging that the petitioner, in collusion with his family, harassed his wife for dowry and had driven her to destitution. The court examined the seriousness of the allegations and the petitioner’s conduct. Considering the gravity of the accusations, the court rejected the bail application, ordering that the petitioner remain in custody.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act
  • Whether the alleged dowry harassment and cruelty justify denial of bail
  • Whether the petitioner’s inability to pay maintenance impacts the bail decision

Legislation cited

Subjects

  • bail
  • dowry harassment
  • maintenance
  • cruelty
  • Bharatiya Nyaya Sanhita
  • Dowry Prohibition Act
  • domestic violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3493 of 2026
                   Arising Out of PS. Case No.-323 Year-2025 Thana- COMPLAINT CASE - MASAURHI
                                                      District- Patna
                 ======================================================
                 Dhiraj Kumar Gupta S/o Late Pradeep Kumar Gupta Resident of - Gandhi
                 School Road Gass Godown Gali, Jhumri Tilaiya, P.S - Tilaiya, District -
                 Kodarma, State - Jharkhand
                                                                      ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Kanchan Kumari W/o Dhiraj Kumar Gupta D/o Dharmavir Prasad Gupta,
                  R/o Village - Rahmatganj Station Road, Behind - Janki Market (Batasa
                  Soap), P.O - Teragna, P.S - Masaurhi, District - Patna
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :     Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   22-06-2026                  Pursuant to order of this Court, the matter was

                   referred to Mediation & Conciliation Center of Patna High

                   Court, but the dispute between the parties could not be resolved

                   through the process of mediation and as such, mediation failed

                   (Report kept at flag ‘M’).

                                2. Heard learned counsel for the petitioner and the

                   State.

                                3. Petitioner apprehends arrest in a case registered for

                   the offences punishable under sections 115(2), 85, 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the

                   Dowry Prohibition Act.

                                4. Learned counsel appearing for the petitioner, while

                   denying the allegations, submits that the petitioner is innocent
              Patna High Court CR. MISC. No.3493 of 2026(4) dt.22-06-2026
                                                          2/2




                        and has falsely been implicated in this case because he happens

                        to be husband of opposite party no.2. Petitioner is unable to pay

                        interim solace/maintenance to opposite party no.2.

                                     5. Learned counsel for the State opposed the prayer

                        for bail and submits that the petitioner, being husband of

                        opposite party no.2, in connivance with his family members,

                        subjected her to harassment and cruelty for non-fulfillment of

                        demand of dowry and also ousted her to her parents’ house. It is

                        further submitted that she has no means of livelihood and is on

                        the verge of starvation.

                                     6. Petitioner is husband of opposite party no.2. It is

                        both a statutory and moral duty of a husband to ensure that his

                        wife does not fall into destitution. The wife has a legal right to

                        maintain a standard of living comparable to what she would

                        have enjoyed while living with her husband. Petitioner cannot

                        refuse to provide maintenance to opposite party no.2.

                                     7. Considering the nature and gravity of accusation

                        and conduct of the petitioner, his prayer for bail is rejected.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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