Patna High Court
Bhushan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond, sureties and conditions relating to monthly maintenance payments.
Summary
Bhushan Rai, the petitioner, faced an anticipatory bail application in a dowry harassment case under Sections 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. The marriage took place in 2015 and the complainant alleged cruelty for non‑payment of dowry. Mediation ordered by the court failed, after which the petitioner offered to pay Rs 5,000 per month as temporary relief. The court, noting this undertaking, allowed the anticipatory bail with a bail bond of Rs 10,000 and two sureties, subject to specific conditions including monthly deposits into the complainant’s bank account. The order also stipulated that failure to pay for two consecutive months could lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting anticipatory bail in a dowry harassment case under Sections 498A/34 IPC and Sections 3/4 Dowry Prohibition Act?
- Whether the petitioner’s undertaking to pay a monthly amount can justify the grant of anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- maintenance
- mediation
- bail conditions
- family law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6362 of 2026
Arising Out of PS. Case No.-1766 Year-2023 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Bhushan Rai son of Bharosa Rai Resident of Village- Saran Dhane Chhapra,
Police Station- Derani, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranju Devi Wife of Bhushan Rai Resident of village- Goraiya toli, Anaith,
Ps- Ara Nawada, Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
For the complainant : Mr. Shiv Prasad Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 23-06-2026 Earlier, vide order dated 19.03.2026, the matter was
referred to the Mediation and Conciliation Centre, Patna High
Court, Patna, but as per the Mediator’s Report (flag ‘M’), the
mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 498A/34 of the
Indian Penal Code and Sections 3/4 of the Dowry Prohibition
Act.
4. As per prosecution case, marriage of complainant
was solemnized with this petitioner in the year 2015. Thereafter,
it is alleged that complainant was subjected to torture and
Patna High Court CR. MISC. No.6362 of 2026(4) dt.23-06-2026
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cruelty due to non-fulfillment of demand of dowry.
5. Learned counsel for the petitioner, while denying
the allegations levelled against him, submits that petitioner, who
is husband of the complainant, is ready to keep her with honour
and safety. Besides this, petitioner is ready to give Rs. 5000/-per
month to the complainant by way of temporary relief/solace,
starting from this month, subject to any order passed in
matrimonial, maintenance or connected proceedings.
6. In view of the aforesaid undertaking of learned
counsel for the petitioner that petitioner is ready to give Rs.
5000/- per month to the complainant by way of temporary
relief/solace, starting from this month, this anticipatory bail
application is allowed.
7. Let the above-named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, 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 Sub-Divisional Judicial Magistrate, Bhojpur at
Ara in connection with Complaint Case No. 1766 (C) of 2023,
subject to the conditions laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita as well as on the following
conditions:-
Patna High Court CR. MISC. No.6362 of 2026(4) dt.23-06-2026
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‘(1) Complainant would file an affidavit before the
court below and bring on record her savings bank account
number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid
maintenance amount per month in the savings bank account of
the complainant.
(3) In case, the petitioner fails to deposit the
maintenance amount for two consecutive months, the court
below would be at liberty to cancel the bail-bond.
(4) 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)
Navya/Sanjay
U T
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