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Patna High Court

Sanjay Prasad @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to a bond and conditions, invoking section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Sanjay Prasad, husband of Ruby Devi, was arrested in a complaint alleging dowry harassment under IPC sections 498A, 379/34 and Dowry Prohibition Act sections 3 and 4. The State and the wife opposed his bail, contending that he, with his family, had assaulted and evicted her for non‑payment of a Rs 2 lakh dowry demand. The petitioner denied the allegations and offered to pay Rs 3,000 per month as interim relief to his wife. The Court, after noting the parties' undertaking and the wife's financial hardship, decided to grant bail on a bond of Rs 10,000 with two sureties, subject to specific conditions including monthly payments and the possibility of cancellation for non‑compliance. The bail order also incorporated provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, section 482. The order leaves the matter open to further proceedings in the matrimonial and maintenance context.

Issues considered

  • Whether bail should be granted to the accused in a dowry harassment case under sections 498A, 379/34 IPC and sections 3 & 4 Dowry Prohibition Act.

Legislation cited

Subjects

  • dowry harassment
  • IPC 498A
  • bail
  • criminal procedure
  • marital dispute
  • maintenance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53299 of 2024
                    Arising Out of PS. Case No.-760 Year-2023 Thana- NALANDA COMPLAINT CASE
                                                     District- Nalanda
                 ======================================================
                 Sanjay Prasad @ Sanjay Kumar Son of Late Mangru Yadav R/o Village-
                 Saidanpur, P.S.- Hilsa, District- Nalanda

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Bihar
           2.    Ruby Devi Wife of Sanjay Prasad R/o Village- Janaro Karjara, P.S.- Ben,
                 District- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Rajeev Kumar
                 For the Opposite Party/s :    Mr.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   05-02-2026                    Pursuant to order of this Court, the matter was

                   referred to Mediation & Conciliation Center of Patna High

                   Court, but the dispute between the parties could not be resolved

                   through the process of mediation and as such, mediation failed

                   (Report kept at flag ‘M’).

                                2. Heard learned counsel for the petitioner, the State
                   and the opposite party no.2.
                                3. The petitioner, who is husband of opposite party
                   no.2, apprehends arrest in a case registered for the offence
                   punishable under sections 498A, 379/34 and other allied
                   sections of the Indian Penal Code and sections 3 & 4 of the
                   Dowry Prohibition Act.
                                4. Prosecution case in brief is that opposite party no.2
                   was married with the petitioner. After marriage, this petitioner
Patna High Court CR. MISC. No.53299 of 2024(5) dt.05-02-2026
                                            2/3




          along with other accused persons started demanding Rs. 2 lacs
          as dowry and on non-fulfillment of the same they used to assault
          and torture her. Lastly, accused persons ousted opposite party
          no.2 from her matrimonial house.
                       5. Learned counsel appearing for the petitioner, while
          denying the allegations, submits that the petitioner is innocent
          and has falsely been implicated in this case because he happens
          to be husband of opposite party no.2. Petitioner is ready to keep
          her with honour and safety. Besides this, petitioner is ready to
          give Rs. 3000/-per month to opposite party no.2 by way of
          temporary relief/solace, starting from this month, subject to any
          order passed in matrimonial, maintenance or connected
          proceedings.
                       6. Learned counsel for the State as well as opposite
          party no.2 oppose the prayer for bail. Learned counsel for
          opposite party no.2 submits that the petitioner, being husband of
          opposite party no.2, in connivance with his family members,
          subjected her to harassment and cruelty for non-fulfillment of
          demand of dowry and also ousted her to her parents’ house. It is
          further submitted that she has no means of livelihood and is on
          the verge of starvation.
                       7. In view of the undertaking of learned counsel for
          the petitioner as well as condition of opposite party no.2, in the
          event of arrest/surrender within a period of eight weeks from
          today, let 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 the Sub
          Divisional Judicial Magistrate, Hilsa Nalanda in Complaint
          Case No. 760C/2023, subject to the conditions laid down under
          section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as
               Patna High Court CR. MISC. No.53299 of 2024(5) dt.05-02-2026
                                                           3/3




                         well as on the following conditions:-
                                      (i) 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.
                                      (ii) Petitioner would deposit the aforesaid interim
                         relief per month in the saving bank account of the opposite party
                         no.2.
                                      (iii) In case, petitioner fails to deposit the aforesaid
                         amount of temporary relief/solace for two consecutive months,
                         the court below would be at liberty to cancel the bail-bond.
                                      (iv) 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)
shashi/-

U          T


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