Patna High Court
Dhiraj Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 85
- Dowry Prohibition Act — s. 3, 4
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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