Created by Fuzzy Cloud

Patna High Court

Sadanand YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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:-
           Patna High Court CR. MISC. No.59370 of 2025(4) dt.17-02-2026
                                                       3/3




                                  (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.