Patna High Court
Sadanand YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail may be granted in the dowry harassment case subject to a cash bond, sureties and conditions ensuring interim relief to the complainant, under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sadanand Yadav, was arrested in a case alleging dowry harassment under IPC sections 498A and 34 and Dowry Prohibition Act sections 3 and 4. The prosecution alleged that he and others demanded Rs. 2 lakh and a motorcycle as dowry, assaulted the complainant, and evicted her from the matrimonial home. The petitioner denied the allegations and offered to pay Rs. 3,000 per month as interim relief to the complainant. Both the State and the complainant opposed bail, citing the petitioner’s alleged cruelty and the complainant’s lack of livelihood. The court, considering the petitioner’s undertaking and the complainant’s willingness to receive interim relief, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions including monthly payments to the complainant. The order also linked the bail to compliance with any future matrimonial or maintenance orders and invoked section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the accused in a dowry harassment case under sections 498A/34 IPC and sections 3 & 4 of the Dowry Prohibition Act.
- Whether the court can impose conditions linking bail to interim financial relief to the complainant.
- Whether section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, authorises the grant of bail in such circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- dowry harassment
- IPC 498A
- bail
- marital dispute
- maintenance
- criminal procedure
- mediation
- conciliation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59370 of 2025
Arising Out of PS. Case No.-242 Year-2024 Thana- DHORAIYA District- Banka
======================================================
Sadanand Yadav S/o- Jagdish Yadav Resident Of Village- Sankhapda, Ps-
Dhoriya, Dist- Banka
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Raba Devi W/o- Sadanand Yadav, D/o- Boudhi Yadav Resident Of Village-
Bagdumba, Ps- Bounsi, Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, A.P.P.
Mr. Balram Kapri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-02-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Center of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed
(Report kept at flag ‘M’).
2. Heard learned counsel for the petitioner, the State
and the opposite party no.2.
3. The petitioner, who is husband of opposite party
no.2, apprehends arrest in a case registered for the offence
punishable under sections 498A/34 and other sections of the
IPC and sections 3 & 4 of the Dowry Prohibition Act.
4. Prosecution case in brief is that opposite party no.2
was married with the petitioner in 2018. After marriage, this
petitioner along with other accused persons started demanding
Patna High Court CR. MISC. No.59370 of 2025(4) dt.17-02-2026
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Rs. 2 lacs and a motorcycle as dowry and on non-fulfillment of
the same they used to assault and torture her. Lastly, accused
persons ousted opposite party no.2 from her matrimonial house.
5. Learned counsel appearing for the petitioner, while
denying the allegations, submits that the petitioner is innocent
and has falsely been implicated in this case because he happens
to be husband of opposite party no.2. Petitioner is ready to keep
her with honour and safety. Besides this, petitioner is ready to
give Rs. 3000/-per month to opposite party no.2 by way of
temporary relief/solace, starting from this month, subject to any
order passed in matrimonial, maintenance or connected
proceedings.
6. Learned counsel for the State as well as opposite
party no.2 oppose the prayer for bail. Learned counsel for
opposite party no.2 submits that the petitioner, being husband of
opposite party no.2, in connivance with his family members,
subjected her to harassment and cruelty for non-fulfillment of
demand of dowry and also ousted her to her parents’ house. It is
further submitted that she has no means of livelihood and is on
the verge of starvation.
7. In view of the undertaking of learned counsel for
the petitioner as well as condition of opposite party no.2, in the
event of arrest/surrender within a period of eight weeks from
today, let the petitioner, above-named, 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 the
Additional Chief Judicial Magistrate III, Banka in Dhoraiya
Police Station Case No. 242/2024, subject to the conditions laid
down under section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 as well as on the following conditions:-
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(i) Opposite party no.2. would file an affidavit before
the court below and bring on record her saving bank account
number for its communication to the petitioner.
(ii) Petitioner would deposit the aforesaid interim
relief per month in the saving bank account of the opposite party
no.2.
(iii) In case, petitioner fails to deposit the aforesaid
amount of temporary relief/solace for two consecutive months,
the court below would be at liberty to cancel the bail-bond.
(iv) 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)
shashi/-
U
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