Patna High Court
RAKESH KUMAR @ RAKESH RAUSHAN @ RAUSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a Rs. 10,000 bail bond, two sureties, an affidavit by the complainant, and a monthly payment of Rs. 3,000, with cancellation possible upon non‑payment for two consecutive months.
Summary
The petitioner, Rakesh Kumar, was accused in a complaint under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for alleged torture and dowry harassment of his wife, Gudiya Kumari. The petitioner feared arrest and sought bail, denying the allegations and offering to pay a temporary relief of Rs. 3,000 per month to the complainant. The court, after mediation failed, considered the bail application under Section 438(2) of the CrPC and Section 482 of the B.N.S.S. and imposed conditions including a bail bond, sureties, an affidavit by the complainant, and monthly payments. The court ordered that bail be granted subject to these conditions and that failure to pay for two consecutive months could lead to cancellation of bail. The order also clarified that the bail condition does not preclude resolution of the matter in matrimonial or maintenance proceedings.
Issues considered
- Whether bail should be granted to the accused under Section 438(2) CrPC and Section 482 B.N.S.S. in a dowry harassment case.
- Whether the condition of monthly payment of Rs. 3,000 as temporary relief is a valid condition for bail.
- Whether the failure to comply with the payment condition warrants cancellation of bail.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- dowry harassment
- Section 498A
- bail
- temporary relief
- mediation failure
- criminal miscellaneous
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53879 of 2025
Arising Out of PS. Case No.-2062 Year-2023 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Rakesh Kumar @ Rakesh Raushan @ Raushan Kumar S/o- Surendra Singh
@ Sri Surendra Singh Village- Dharampur Ps- Mohiuddin Nagar Dist-
Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gudiya Kumari W/o- Rakesh Kumar @ Rakesh Raushan @ Raushan Kumar
Village- Dharampur Ps- Mohiuddin Nagar Dist- Vaishali, A/P- Village Po-
Bashudevpur Chandel Ps- Mahnar Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar, Adv.
For the Opposite Party/s : Mr.Upendra Kumar, APP
Mr.Ajay Kr Singh No.1, Adv.for OP-2
======================================================
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 complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offences under Section 498(A) of the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.53879 of 2025(4) dt.08-01-2026
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4. Petitioner is alleged to have 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 complaint petition
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 J.M. 1st Class, Vaishali at
Hajipur in connection with Complaint Case No. 2062 of 2023,
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
Patna High Court CR. MISC. No.53879 of 2025(4) dt.08-01-2026
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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
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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