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Patna High Court

RAKESH KUMAR @ RAKESH RAUSHAN @ RAUSHAN KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                       3/3




                                       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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