Patna High Court
Chandrashekhar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the court.
Summary
The petitioner, Chandrashekhar Jha, sought anticipatory bail in a dowry harassment case filed under Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita. The prosecution alleged that after marrying the complainant, the petitioner subjected her to torture and cruelty for non‑payment of dowry. The petitioner denied the allegations and offered to pay a monthly amount of Rs. 5,000 as temporary relief, subject to any future maintenance order. The court, noting the petitioner’s undertaking, allowed the anticipatory bail application with a bail bond of Rs. 10,000 and two sureties, imposing conditions including deposit of the monthly amount into the complainant’s bank account. The bail may be cancelled if the petitioner fails to make the payment for two consecutive months, and the order does not preclude resolution of the matter in matrimonial or maintenance proceedings.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged dowry harassment under Sections 115(2) and 85 of the Bharatiya Nyaya Sanhita
- Whether the petitioner’s undertaking to pay a monthly amount suffices as a condition for bail
- Whether the court can impose conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 85
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- maintenance
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 115(2)
- Section 85
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4856 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- SAHARSA COMPLAINT CASE District-
Saharsa
======================================================
Chandrashekhar Jha S/O Nagendra Jha R/O Mohalla- New Madhukar Nagar,
Shakti Nagar, Road No. 05/M, P.S.- Sukhedv Nagar, District- Ranchi,
Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Juhi Kumari Wife of Chandrashekhar Jha, Daughter of Satyanath Jha
Resident of Mohalla - New Madhukar Nagar, Road No. 05/M, P.S. -
Sukhdev Nagar, District - Ranchi, at present residing at, Mohalla Lakshmi
Nagar, Ward No. -01, P.S.- Saharsa, District - Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Saurav, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
For the Informant : Mr. Shubhesh Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Earlier, vide order dated 06.04.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 115 (2) & 85 of the
Bharatiya Nyaya Sanhita.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2024. Thereafter,
Patna High Court CR. MISC. No.4856 of 2026(4) dt.23-06-2026
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it is alleged that complainant was subjected to torture and
cruelty due to non-fulfillment of demand of dowry.
5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 5000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
5000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, 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 Sub-Divisional Judicial Magistrate, Saharsa in
connection with Complaint Case No. 31 of 2025, subject to the
conditions laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita as well as on the following
Patna High Court CR. MISC. No.4856 of 2026(4) dt.23-06-2026
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conditions:-
‘(1) Complainant 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
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance 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)
Navya/Sanjay
U T
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