Patna High Court
Shailendra MohanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond, sureties, and conditions for monthly payment to the complainant.
Summary
The petitioner, Shailendra Mohan, sought anticipatory bail in a complaint alleging multiple offences under the Indian Penal Code and the Dowry Prohibition Act, claiming he neither demanded dowry nor subjected his wife to cruelty. The prosecution alleged that after marriage, the petitioner and co‑accused demanded dowry, leading to harassment of the complainant, Rashmi Kumari. The petitioner denied the allegations but offered to pay a monthly amount of Rs. 5,000 as temporary relief if arrested. The State and the complainant opposed the bail, arguing the seriousness of the charges. The Court, considering the petitioner's undertaking and the conditions proposed, granted anticipatory bail subject to a bond of Rs. 10,000, two sureties, and specific payment conditions, invoking its inherent powers under Section 482(2) of the CrPC. The order also stipulated that failure to comply with the payment conditions could lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in view of the serious offences alleged?
- Whether the petitioner's undertaking to pay a monthly amount constitutes sufficient assurance to justify bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 120B, 311, 312, 323, 34, 341, 376, 420, 498, 504, 506, A
Subjects
- anticipatory bail
- dowry harassment
- IPC offences
- CrPC Section 482
- bail conditions
- marital dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52048 of 2025
Arising Out of PS. Case No.-80 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Shailendra Mohan son of Rajendra Bhagat Village -Chakwa (Chakwa) Ward
No 11 PS- Khodawandpur (Khodabandpur), District -Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rashmi Kumari wife of Shailendra Mohan Village -Chakwa (Chakwa) Ward
No 11 PS- Khodawandpur (Khodabandpur), District -Begusarai At Present
Daughter of Hira Lal Kundan Village- Patam, Ward no. 10, Ps- Naya
Ramnagar, dist- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sandip Kumar Gautam, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
For the Complainant : Mr. Raj Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the complainant
/Opposite Party No. 2.
2. The petitioner, husband of the complainant
/Opposite Party No. 2, apprehends his arrest in a complaint case
registered for the offence punishable under Sections 341, 323,
120B, 420, 498A, 504, 506, 311, 376, 312 and 34 of the Indian
Penal Code and Section 4 of the Dowry Prohibition Act.
3. As per prosecution case, marriage of
Patna High Court CR. MISC. No.52048 of 2025(3) dt.16-01-2026
2/3
complainant/Opposite Party No. 2 was solemnized with this
petitioner and thereafter, all the accused persons, including this
petitioner, started demanding dowry and due to non-fulfillment
of demand of dowry, the complainant/Opposite Party No. 2 was
subjected to cruelty and harassment.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner denies the allegations made
in the complaint petition. Petitioner never committed torture to
complainant/Opposite Party No. 2 or demanded any dowry.
However, the petitioner undertakes to give Rs. 5,000/- (five
thousand rupees) per month by way of temporary relief/solace,
starting from this month, to the complainant/Opposite Party No.
2.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the complainant/Opposite Party No. 2
have vehemently opposed the prayer for grant of anticipatory
bail to the petitioner.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 5,000/- (five thousand rupees) per month to
complainant/Opposite Party No. 2, in the event of
arrest/surrender within a period of eight weeks from today, let
Patna High Court CR. MISC. No.52048 of 2025(3) dt.16-01-2026
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the petitioner, above-named, 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 Additional Chief
Judicial Magistrate-I, Manjhaul, Begusarai in connection with
Complaint Case No. 80C of 2023, subject to condition as laid
down under Section 482(2) of B.N.S.S. with further following
conditions:
“(A.) The Complainant/Opposite Party No. 2
would file an affidavit before the court below and bring
on record her saving bank account number for its
communication to the petitioner.
(B.) Petitioner would deposit the aforesaid
amount per month in the saving bank account of the
Complainant/Opposite Party No. 2 .
(C.) 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.
(D.) 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)
shashank/-
U T
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