Patna High Court
Chandan LalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on a bond of Rs. 10,000 with specified conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Chandan Lal, husband of Babita Kumari, was arrested in a case alleging dowry harassment and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with others, demanded Rs. 2 lakh and a motorcycle as dowry, assaulted the wife, and eventually ousted her from the matrimonial home. The petitioner denied the allegations and sought bail, offering to pay Rs. 3,000 per month as interim relief to the wife. The State and the wife opposed bail, contending that the petitioner continued to harass and deprive her of livelihood. The Court, considering the petitioner’s undertaking and the wife’s willingness to receive interim payments, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions including monthly payments and the possibility of cancellation for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner in a dowry harassment case under the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate to ensure compliance and protect the victim.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118, 126(2), 3(5), 352, 85
Subjects
- dowry harassment
- domestic violence
- bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- maintenance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62209 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- Mahila District- Arwal
======================================================
Chandan Lal Son of Bhanu Lal R/o Vill.- Nonhar, P.S.- Suryapura, Rohtas,
Bihar - 802212
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Babita Kumari Daughter of Mahendra Lal Village and post- Validad, P.S.-
Mehandiya, Arwal
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, A.P.P.
Mr. Mukesh Kumar No.1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-02-2026 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 115(2), 118, 126(2), 85, 352 and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
4. Prosecution case in brief is that opposite party no.2
was married with the petitioner in 2000. After marriage, this
petitioner along with other accused persons started demanding
Rs. 2 lacs and a motorcycle as dowry and on non-fulfillment of
the same they used to assault and torture her. Lastly, accused
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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 Chief
Judicial Magistrate, Arwal in Arwal Mahila Police Station Case
No. 7 of 2025, subject to the conditions laid down under section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as
on the following conditions:-
(i) Opposite party no.2. would file an affidavit before
the court below and bring on record her saving bank account
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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 T
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