Patna High Court
Dinesh Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Dinesh Kumar Mehta, was arrested in connection with FIR No. 285 of 2025 alleging offences under sections 69 and 3(5) of the Bihar Narcotic Substances Act and section 4 of the Dowry Prohibition Act, based on a complaint that he pretended to marry the informant, had a sexual relationship, and later demanded dowry. The High Court had earlier ordered interim protection and referred the matter to a mediation centre, which reported that the dispute could not be resolved. Both parties are adults and the petitioner offered an undertaking to appear for trial and not tamper with witnesses. Considering the mediation report, the petitioner's undertaking, and the nature of the allegations, the Court exercised its power under Section 438(2) of the Criminal Procedure Code to grant anticipatory bail with specific conditions, including a bail bond, sureties, regular court appearances, and a prohibition on influencing witnesses. The bail order is conditioned on compliance, and any breach may lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in a case involving alleged false promise of marriage, sexual relationship, and dowry demand.
- Whether the allegations under the Bihar Narcotic Substances Act and Dowry Prohibition Act preclude the grant of anticipatory bail.
- What conditions may be imposed while granting anticipatory bail in such circumstances.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 69
- Criminal Procedure Code — s. 438(2)
- Dowry Prohibition Act — s. 4
Subjects
- anticipatory bail
- dowry prohibition
- false promise of marriage
- mediation
- CrPC Section 438
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56907 of 2025
Arising Out of PS. Case No.-285 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Dinesh Kumar Mehta son of Madan Kumar Mehta @ Madan Singh Resident
of Village - Majhui, P.S. - Chainpur, District - Kaimur (Bhabua)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niraj Kumari Maurya Daughter of Dinesh Kumar singh Village- Madurna,
Ps- Chainpur, Dist- Kaimur (Bhabua)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate
Mr. Utkarsh Shandilya, Advocate
Mr. Saharsh Shubham, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-01-2026 Heard learned counsel for the petitioner, the State as
also the informant.
2. The petitioner is apprehending his arrest in
connection with Chainpur P.S. Case No. 285 of 2025 for the
offence under sections 69 and 3(5) of the B.N.S. and Section 4
of the Dowry Prohibition Act lodged on 02.06.2025 by the
informant, Neeraj Kumari Maurya.
3. As per the prosecution story, the informant alleged
that on the pretext of false promise of marriage, the petitioner
came to Varanasi, made physical relationship with her and took
her to Agra and Mathura for sight seeing but later, on the
pressure of the parents, wanted dowry. This led to the FIR.
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4. Earlier, this Court while granting interim protection
to the petitioner sent the matter to the mediation center on
27.08.2025 but as per the Mediator’s report dated 10.10.2025, it
could not be resolved.
5. Learned counsel for the petitioner submits that both
are major, the relationship was consented and had nothing to do
with the marriage. The FIR is there, he shall be facing the trial,
undertaking has been given that under no circumstance, the
witnesses will be coerced and/or any threat will be made to
them failing which the prosecution shall be free to take step for
cancellation of bail bond, if relief is granted to him.
6. Learned counsel appearing on behalf of the
informant, Mr. Pandey, on the other hand, submits that the
petitioner under false pretext of marriage, took her to different
places, especially Agra (Taj Mahal) and in between, made
physical relationship. Later, the parents wanted dowry, they are
not in a position to make payment which resulted into the
present case.
7. As recorded above, this Court wanted to resolve the
issue and sent the matter to the Mediation Center. However, the
report shows that they could not come to a conclusion. Both are
major, the FIR is there, he will be facing the music and an
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undertaking has been given that he shall be diligently appearing
in trial, in that background, this Court is inclined to extend him
the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate – V,
Kaimur (Bhabua) in connection with Chainpur P.S. Case No.
285 of 2025 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Pan Card/Voter I.D. Card/Driving
License) to show his/her 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
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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 his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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