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Patna High Court

Shailendra MohanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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