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Patna High Court

Uttam Kumar ChaubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court confirmed the provisional bail granted to the petitioner, subject to conditions.

Summary

Uttam Kumar Chaubey was charged under IPC sections 341, 323, 498A, 504/34 and Dowry Prohibition Act sections 3 and 4 for alleged cruelty and assault related to a dowry demand. The petitioner sought bail after a provisional bail was granted on 5 July 2024 and extended on 1 October 2024, with the case referred to mediation which later failed. The petitioner claimed he was falsely implicated, that no specific overt act was alleged, and that he and his wife were living together, despite having three prior criminal antecedents. The State opposed bail, while the informant corroborated the petitioner’s cohabitation claim. Considering the cohabitation, the period already spent in custody, and the failure of mediation, the court confirmed the provisional bail with conditions to treat his wife with dignity and to appear at every trial date.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations under IPC and the Dowry Prohibition Act.
  • Whether the failure of mediation and the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • IPC
  • Dowry Prohibition Act
  • mediation
  • criminal antecedents
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46148 of 2024
                 Arising Out of PS. Case No.-542 Year-2023 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Uttam Kumar Chaubey S/o Sachchidanand Chaubey Resident of vill.- Sabeya
                 Chargaha, P.S.-Sirisiya O.P., Dist- West Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Arun Kumar Dubey S/o Late Mathura Dubey R/o vill - Jabdaul, P.S. -
                 Kumarbagh O.P., Distt. - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar, Advocate
                                                 Mr. Sitesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 For the Informant        :      Mr. Sachidanand Rai, Advocate
                                                 Mr. Avinash Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

7   13-01-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chanpatiya (Sirisiya O.P.) P.S. Case No. 542 of 2023 instituted

                   for the offences under Sections 341, 323, 498A, 504/34 of the

                   Indian Penal Code and Sections 3/4 of the D.P. Act.

                                3. Prosecution case, in short, is that the informant’s

                   daughter was subjected to cruelty and assault by the petitioner

                   and his family members for the non-fulfillment of demand of

                   dowry.

                                4. Vide order dated 05.07.2024, the petitioner was
Patna High Court CR. MISC. No.46148 of 2024(7) dt.13-01-2026
                                            2/3




          granted provisional bail for a period of three months for

          exploring the possibility of amicable resolution of the dispute.

          Again, vide order dated 01.10.2024, the provisional bail of the

          petitioner was extended till further orders and the matter was

          referred to District Mediation and Conciliation Centre, West

          Champaran for amicable settlement of dispute. However, as per

          the report submitted by the District and Additional Sessions

          Judge-XII, I/c-cum-Coordinator, District Mediation Centre,

          West Champaran, Bettiah, it appears that mediation has failed.

                      5. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. Learned

          counsel further submitted that petitioner never demanded any

          dowry nor tortured his wife. He further submitted that, as a

          matter of fact, the petitioner and his wife are living together. It

          has been submitted on behalf of the petitioner that the petitioner

          has three criminal antecedents.

                      6. Learned A.P.P. for the State opposed the prayer for

          grant of bail to the petitioner. However, learned counsel

          appearing on behalf of the informant submitted that petitioner
           Patna High Court CR. MISC. No.46148 of 2024(7) dt.13-01-2026
                                                       3/3




                     and his wife are living together.

                                  7. Considering the aforesaid facts and circumstances

                     of the case and since the petitioner and his wife are living

                     together as per the submissions of learned counsel for the

                     petitioner and the informant as also taking into account the

                     period of custody undergone by the petitioner, the provisional

                     bail granted to the petitioner vide order dated 05.07.2024 is

                     hereby confirmed, subject to the following conditions:

                                  (I) Petitioner shall keep his wife with full honour and

                     dignity.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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