Patna High Court
Alok AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond, sureties, and stipulated conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Alok Anand, was arrested in a case alleging torture and dowry harassment under several IPC sections and the Dowry Prohibition Act. He denied the allegations and offered to pay Rs.5,000 per month to his wife, Shweta Kumari, as temporary relief. The court considered his undertaking and the seriousness of the charges, and applied Section 438(2) of the CrPC to grant bail. Bail was conditioned on a Rs.10,000 bond with two sureties and specific obligations, including the wife furnishing her bank details and the petitioner depositing the monthly amount. Failure to deposit for two consecutive months would permit cancellation of bail, and the order is subject to any matrimonial or maintenance orders.
Issues considered
- Whether bail can be granted in a dowry harassment case involving multiple IPC offences.
- Whether the petitioner's undertaking to pay a monthly amount constitutes sufficient surety for bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 498-A, 504, 506
Subjects
- bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- CrPC 438
- matrimonial dispute
- maintenance
- temporary relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53738 of 2025
Arising Out of PS. Case No.-107 Year-2024 Thana- MAHILA P.S. District- Bhojpur
======================================================
Alok Anand S/O Sandeep Kumar Singh R/O Mohalla- Jagdeo Nagar, P.S.-
Nawada, Dist.- Bhojpur, Ara
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shweta Kumari W/O Alok Anand, D/O Late Ashok Singh R/O Vill.- Khairi,
P.S.- Nokha, Dist.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Parijat Saurav, Adv.
For the State : Mr.Ajay Kumar No. 2, APP
For the OP-2 : Mr. Ranjeet Kumar Mishra &
Mr. Rakesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant /
opposite party no. 2.
2. 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, 504, 506 and 34 of the Indian
Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
3. As per F.I.R., petitioner is alleged to have
committed torture and harassment with opposite party no. 2 for
dowry.
4. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the F.I.R. and submits
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that he never committed torture to opposite party no. 2 or
demanded any dowry. However, the petitioner undertakes to
give Rs. 5,000/- per month, by way of temporary relief/solace,
starting from this month, to the opposite party no.2.
5. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 5,000/- (Rupees five 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 S.D.J.M., Bhojpur / concerned
Court in connection with Bhojpur Mahila P.S. Case No. 107 of
2024, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure 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.
(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
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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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