Patna High Court
Bhanu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and stipulated conditions.
Summary
The petitioner, Bhanu Ram, sought anticipatory bail in a complaint alleging offences under Sections 498A, 323 and 34 of the Indian Penal Code, claiming he did not torture or demand dowry from his wife, Meena Devi. The matter had earlier been referred to mediation, which failed to resolve the dispute. The State and the complainant opposed the bail, arguing the seriousness of the allegations. The court noted the petitioner's undertaking to pay a monthly amount of Rs. 3,000 to the complainant as temporary relief and considered the provisions of Section 482(2) of the Criminal Procedure Code. Balancing the interests of justice and the petitioner's willingness to provide financial relief, the court granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and specific conditions regarding the monthly payment and its default.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged cruelty and dowry harassment under IPC Sections 498A, 323 and 34.
- Whether the petitioner's undertaking to pay a monthly amount constitutes sufficient assurance to justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 323, 34, 498A
Subjects
- anticipatory bail
- domestic violence
- dowry harassment
- IPC 498A
- CrPC Section 482
- mediation
- maintenance
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60458 of 2025
Arising Out of PS. Case No.-1583 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Bhanu Ram Son of Ganesh Ram R/o Village - Khora, P.S. - Kesariya, East
Champaran, Bihar, presently residing at House No. 779, Basti Mittu, P.O. -
Basti Guzan, Dist. - Jalandhar, Punjab.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Meena Devi Wife of Bhanu Ram, D/o Ramdev Ram R/o Village -
Navanagar, P.S. - Sahebganj, Dist. - Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vikash Kumar Pankaj, Advocate
For the State : Mr. Umeshanand Pandit, APP
For the Complainant : Mr. Ajay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 21-04-2026 Heard Mr. Vikash Kumar Pankaj, learned counsel
appearing on behalf of the petitioner, Mr. Umeshanand Pandit,
learned APP appearing on behalf of the State and Mr. Ajay
Kumar Singh, learned counsel appearing on behalf of the
complainant/Opposite Party No. 2.
2. The petitioner, husband of the complainant
/Opposite Party No. 2, apprehends his arrest in a complaint case
registered for the offence punishable under Sections 498A, 323
and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.60458 of 2025(4) dt.21-04-2026
2/4
3. Earlier, vide order dated 19.11.2025, the matter was
referred to Mediation and Conciliation Centre, Patna High
Court. From perusal of mediator’s report dated 26.02.2026 it is
apparent that despite best efforts, the dispute between the parties
could not be resolved through the process of mediation.
4. As per prosecution case, marriage of
complainant/Opposite Party No. 2 was solemnized with this
petitioner on 21.06.1997 and thereafter, this petitioner took the
complainant to Jalandhar and committed torture and
harassment with her. It is further alleged that this petitioner had
affair with his sister-in-law and has already solemnized second
marriage with her.
5. Learned counsel appearing on behalf of the
petitioner submits that the petitioner denies the allegations made
in the complaint petition. Petitioner never committed torture to
complainant/Opposite Party No. 2 or demanded any dowry.
However, the petitioner undertakes to give Rs. 3,000/- (three
thousand rupees) per month by way of temporary relief/solace,
starting from this month, to the complainant/Opposite Party No.
2. Petitioner claims clean antecedents.
6. Learned A.P.P. for the State and learned counsel
appearing on behalf of the complainant/Opposite Party No. 2
Patna High Court CR. MISC. No.60458 of 2025(4) dt.21-04-2026
3/4
have vehemently opposed the prayer for grant of anticipatory
bail to the petitioner.
7. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (three thousand rupees) per month
to complainant/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 learned Judicial
Magistrate- 1st Class, East Champaran, Motihari in connection
with Complaint Case No. 1583(C) of 2023, subject to condition
as laid down under Section 482(2) of B.N.S.S. with further
following conditions:
“(A.) The Complainant/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.
(B.) Petitioner would deposit the aforesaid
amount per month in the saving bank account of the
Complainant/Opposite Party No. 2 .
(C.) In case, the petitioner fails to deposit the
aforesaid amount for two consecutive months, the court
below would be at liberty to cancel the bail bond.
(D.) The aforementioned payment will be subject
to any order passed in matrimonial, maintenance or
Patna High Court CR. MISC. No.60458 of 2025(4) dt.21-04-2026
4/4
connected proceedings. The present order, in no way,
will preclude the parties to resolve the issue otherwise.”
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…