Patna High Court
Abhishek UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated financial and procedural conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Abhishek Upadhyay, sought anticipatory bail fearing arrest in a case registered under sections 115(2), 303(2), 85 of the BNS and section ¾ of the Dowry Prohibition Act. The parties had reached a settlement whereby the petitioner would pay a total of Rs. 4,00,000 to the complainant, with Rs. 2,00,000 already paid and the balance to be paid at the time of bail bond execution. The court noted the settlement, the pending family court proceedings, and the petitioner’s readiness to furnish the remaining amount. It granted anticipatory bail subject to payment of the balance via demand draft, a bail bond of Rs. 10,000 with two sureties, and conditions prescribed under Section 438(2) of the Criminal Procedure Code. The order also imposed standard bail conditions such as appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged dowry and other offences despite a settlement agreement.
- Whether the conditions imposed, including payment of the settlement amount at bail bond execution, are permissible under Section 438(2) of the Cr.P.C.
Legislation cited
Subjects
- anticipatory bail
- settlement agreement
- dowry prohibition
- Criminal Procedure Code
- Section 438
- bail conditions
- family court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54495 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- Badem P.S. District- Aurangabad
======================================================
Abhishek Upadhyay S/O Arvind Upadhyay R/O Village- Karaji, P.S-
Chainpur, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Aachal Devi W/O Abhishek Upadhyay, D/O Sunil Dubey R/O Village-
Harchandpur, P.O and P.S- Badem (O.P.), Distt.- Aurangabad (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Adv.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
For the informant : Mr. Shailesh Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-03-2026 Heard Mr. Tribhuwan Narayan, learned Counsel for
the petitioner and Mr. Shailesh Kumar Singh for the informant.
2. The petitioner apprehends his arrest in connection
with Badem P.S. Case No. 05 of 2025 for the offence registered
under sections 115(2), 303(2), 85 of the BNS and ¾ of D.P. Act.
3. Learned counsel for the petitioner submits that they
have come to an agreement that the lady will be entitled to Rs.
4,00,000/- as full and final settlement and they will be mutually
separating themselves besides the dowry materials.
4. The submission is that the first installment of Rs.
2,00,000/- has already been paid and the draft to this effect has
been brought on record by supplementary affidavit. The further
Patna High Court CR. MISC. No.54495 of 2025(4) dt.19-03-2026
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submission is that if granted relief, the second installment of Rs.
2,00,000/- will be presented by way of Demand Draft issued by
the local branch of the State Bank of India/any Nationalized
Bank at the time of the execution of the bail bond.
4. Learned Counsel for the opposite party no. 2
acknowledges that the parties have come to an agreement on the
payment of Rs. 4,00,000/-.
5. In that background, since half of the amount has
been paid and the petitioner is ready to pay the rest of the
amount at the time of execution of the bail bond, the case is
there, the Family Court, Aurangabad is also taking up the
matter, in that background, this Court is inclined to grant him
the anticipatory bail with conditions subject to payment Rs.
2,00,000/- through Demand Draft of local branch of the State
Bank of India/any Nationalized Bank at the time of execution of
bail bond.
6. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate-1st, Aurangabad in connection with Badem P.S. Case
Patna High Court CR. MISC. No.54495 of 2025(4) dt.19-03-2026
3/3
No. 05 of 2025 subject to condition as laid down under Section
438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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