Patna High Court
Dharkan Paswan @ Dharkani PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Dharkan Paswan, the husband, sought anticipatory bail after being implicated in a complaint filed by his wife, Sundari Devi, alleging assault, dowry harassment under IPC sections 323, 441, 498A/34 and Dowry Prohibition Act sections 3 and 4. The petitioner argued that the notice was served to the complainant but she chose not to appear, contending that the allegations were false and that he was willing to maintain a dignified marital relationship. The State opposed the bail, suggesting the petitioner's assurances were a ploy to evade prosecution. After hearing both sides, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also allowed cancellation of bail if the complainant later seeks it.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious allegations under IPC and the Dowry Prohibition Act
- Whether the complainant's failure to appear after receiving notice affects the grant of bail
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are sufficient to safeguard the investigation
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 441, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Criminal Procedure Code
- Section 438
- Section 498A
- domestic violence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54428 of 2025
Arising Out of PS. Case No.-453 Year-2022 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
Dharkan Paswan @ Dharkani Paswan S/o Late Jagdish Paswan Resident of
Village - Tintanga, PS - Gopalpur, District - Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sundari Devi W/o Dharkan Paswan @ Dharkani Paswan, D/o Kamleshwari
Paswan R/o vill - Labhgaon, P.S.- Khagaria (Gangaour), Distt.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 10-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 323, 441
and 498(A)/34 of the Indian Penal Code as well as Sections 3
and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that
from perusal of the office report dated 15.11.2025, it would
manifest that the notice has been personally received by the
complainant/opposite party no. 2 but then the
complainant/opposite party no. 2 despite receiving the notice
chooses not to appear and contest.
4. Learned counsel for the petitioner submits that
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petitioner, being the husband, has been falsely implicated in the
instant case by the complainant/opposite party no. 2 with an
allegation that she was married to the petitioner on 15.02.2021
and after marriage all the accused persons including the
petitioner started assaulting her for non-fulfillment of the
demand of dowry of motorcycle and also tried to burn her.
5. Learned counsel for the petitioner submits that a
specific pleading has been made at para 10 of the anticipatory
bail application that petitioner is willing to keep the
complainant/opposite party no. 2 with honour and dignity but
then the complainant/opposite party no. 2 despite receiving the
notice chooses not to appear and contest which amply
demonstrates that she is not interested in reviving her conjugal
relationship.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner. It is submitted that no doubt,
at para 10 of the anticipatory bail application, it has been
pleaded that petitioner is ready to keep his wife with full respect
and dignity but then it might be a ploy only for the purposes of
seeking anticipatory bail on which learned counsel appearing on
behalf of the petitioner based on instruction submits that he has
instruction to make submission that if the complainant/opposite
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party no. 2 is willing to revive her conjugal relationship and the
petitioner resiles in that event the complainant/opposite party
no. 2 can approach this Court seeking cancellation of
anticipatory bail, if granted.
7. After hearing the learned counsel for the parties, let
the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/Successor Court in connection with Complaint Case
No. 453C of 2022, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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