Patna High Court
Pradeep YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was conditionally granted to the petitioner subject to a bond, sureties and a monthly payment undertaking.
Summary
Petitioner Pradeep Yadav was charged under IPC sections 341, 323, 498‑A read with 34 and Dowry Prohibition Act sections 3 and 4 for alleged torture and dowry harassment of his wife, Pinki Devi. He denied the allegations and feared arrest, offering to pay Rs. 3,000 per month as temporary relief to the wife. The court, after hearing counsel for the petitioner, the State and the wife, considered the petition for bail. Relying on the petitioner’s undertaking and the provisions of Cr.P.C. 438(2) and 482, the court conditionally enlarged bail on a bond of Rs. 10,000 with two sureties. The bail order imposed conditions that the wife file an affidavit, receive the monthly payments, and that failure to pay for two consecutive months could lead to cancellation of the bail bond.
Issues considered
- Whether bail can be granted to the petitioner despite serious dowry‑related charges
- Whether the petitioner’s undertaking to pay a monthly amount constitutes sufficient surety for bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498-A
Subjects
- bail
- dowry harassment
- IPC
- Cr.P.C.
- conditional bail
- temporary relief
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49012 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Pradeep Yadav S/o Shambhu Yadav R/o Village- Dighara Sewa, P.S.- Jhajha,
District- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi Wife of Pradeep Yadav Daughter of Bhaso Yadav Resident of
Village- Prasi, P.S.- Jhajha, Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Aditya Kumar
For the State : Mrs.Veena Kumari Jaiswal
For the OP-2 : Mr. Rajesh Kr. Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a case registered for the offences
under Sections 341, 323, 498-A r/w Section 34 of the Indian
Penal Code and Sections 3/4 of the Dowry Prohibition Act.
4. As per F.I.R., petitioner is alleged to have
Patna High Court CR. MISC. No.49012 of 2025(4) dt.08-01-2026
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committed torture and harassment with opposite party no. 2 for
dowry.
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the F.I.R. 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.
6. 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 C.J.M., Jamui in connection
with Jhajha P.S. Case No. 226 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.
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(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(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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