Patna High Court
Jivachh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted in the dowry harassment case subject to a bond, sureties, and a condition that the petitioner deposit a monthly amount to the complainant, in accordance with Section 438(2) CrPC and Section 482 B.N.S.S.
Summary
The petitioner, Jivachh Mukhiya, husband of complainant Punam Devi, was charged in a dowry harassment complaint under Sections 341, 323, 498A, 494, 504, 506 and 34 of the Indian Penal Code. He denied the allegations and offered to pay Rs. 3,000 per month as temporary relief to the complainant. The court considered his undertaking and, applying Section 438(2) of the Criminal Procedure Code and Section 482 of the B.N.S.S., ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions including the monthly payment. The bail order stipulated that failure to pay for two consecutive months could lead to cancellation of the bail bond. The order also clarified that the bail does not preclude any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail should be granted in a dowry harassment case involving multiple IPC offences.
- Whether the court can impose a condition of monthly monetary payment to the complainant as part of bail.
- Application of Section 438(2) CrPC and Section 482 B.N.S.S. in granting bail.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 34, 341, 494, 498, 504, 506
Subjects
- dowry harassment
- bail
- Indian Penal Code
- Criminal Procedure Code
- Section 438
- Section 482
- maintenance
- temporary relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46769 of 2025
Arising Out of PS. Case No.-92 Year-2024 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Jivachh Mukhiya Son of Yogendra Mukhiya @ Jogindar Mukhiya Resident of
Village- Balha Purohit Tole PS- Rajnagar Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punam Devi wife of Jivachha Mukhiya Resident of Village- Balha Purohit
Tole PS- Rajnagar Dist- Madhubani Daughter of Bhogi Mukhiya , At
Present Village- kapsiya Ps- Arer, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Adv.
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
Mr.Ashok Kumar/Mr.Bimal Kr., Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for complainant /
opposite party no. 2.
2. The petitioner who is husband of
complainant/opposite party no. 2, apprehends his arrest in a
complaint case punishable for the offences under Sections 341,
323, 498(A), 494, 504, 506, 34 of the Indian Penal Code.
3. Petitioner is alleged to have committed torture and
harassment with opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
Patna High Court CR. MISC. No.46769 of 2025(3) dt.03-02-2026
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and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
5. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Madhubani in
connection with C.R. Case No. 92 of 2024, subject to the
conditions laid down under section 438(2) of the Cr.P.C. /
Section 482 of the B.N.S.S. as well as on the following
conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
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(3) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months,
the court below would be at liberty to cancel
the bail-bond.
(4) The aforementioned payment will be subject to
any order passed in matrimonial, maintenance
or connected proceedings. The present order, in
no way, will preclude the parties to resolve the
issue otherwise.”
(Prabhat Kumar Singh, J)
anay
U T
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