Patna High Court
Gopal GhoshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S. 2023.
Summary
The petitioner, Gopal Ghosh, sought anticipatory bail fearing arrest in Complaint No. 128/2021 filed under IPC sections 323, 354, 488, 420, 379, 504, 498A and Section 3 of the Dowry Prohibition Act, alleging dowry demand and physical/mental torture. The complaint arose from a marital dispute dating back to the 2015 marriage, with the complainant alleging denial of her 'bedai' and subsequent abuse. The petitioner argued that a prior FIR (Case No. 11 of 2020) had already resulted in regular bail, and that the present complaint was filed to harass him, noting that he and the complainant were cohabiting and that maintenance under Section 125 CrPC was being deducted from his salary. The opposite party contended that the petitioner had been dismissed from BSF service for a second marriage and that the maintenance deduction continued. The court, considering the existence of marital discord, the earlier bail, and the possibility of abuse of process, granted anticipatory bail subject to a bond and sureties. The order directed the petitioner to surrender within four weeks if arrested, with conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the pending complaint and prior FIR.
- Whether the present complaint constitutes an abuse of the criminal process.
- Whether the prior grant of regular bail and ongoing maintenance affect the petition for anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 125, 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 354, 379, 420, 488, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- criminal procedure
- abuse of process
- maintenance under Section 125 CrPC
- IPC
- Dowry Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64082 of 2025
Arising Out of PS. Case No.-128 Year-2021 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Gopal Ghosh son of Jadav Ghosh RESIDENT OF VILLAGE -BARBARIA
PO- SUNDARPUR PS- BHAGWANGOLA DISTRICT -MURSHIDABAD,
WEST BENGAL
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priya Ghosh Daughte of Tarhi yadav RESIDENT OF VILLAGE-
MALIKPUR, PS- PIRPAINNTY, DIST- BHAGALPUR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar Sinha
For the Opposite Party/s : Mr.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 24-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 128 / 2021 dt: 19.01.2021 registered under
Section 323, 354, 488, 420, 379, 504, 498(A) of the I.P.C. and
Section ¾ of the D.P. Act.
3. As per the allegation made in complaint case lodged by the
opposite party no. 2 bearing Complaint Case No. 128 / 2021 the
complainant was married with the petitioner on 02.05.2015.
Some time after marriage, the family members of the
complainant arrived for ‘bedai’ of the complainant but the same
was denied by petitioner and his family members. Accused no. 2
& 3 informed the complainant’s family for her ‘bedai’ thereafter
Patna High Court CR. MISC. No.64082 of 2025(6) dt.24-02-2026
2/4
she along with her cousin brother went to her ‘sasural’ wherein
in presence of her cousin brother she was beaten by the accused
no. 2. There is demand of dowry and torture mentally as well as
physically. Cognizance was taken by the learned Magistrate on
15.11.2021.
4. Learned counsel for the petitioner submits that petitioner is
husband and prior to lodging the present complaint having date
of occurrence since 2015 an F.I.R. was lodged by the opposite
party no. 2 bearing Bhagwan Tola P.S. Case No. 11 of 2020 in
which the petitioner has been granted regular bail by A.C.J.M. at
Lalbagh, Murshidabad, West Bengal on 29.02.2020 and the
petitioner is still enjoying the privilege of bail. The present
complaint case has been lodged in order to harass after the
petitioner has been granted bail by the competent court on the
same facts. The complainant filed a case under Section 125
Cr.P.C. bearing M.R. Case No. 103 / 2020 in which the family
court has awarded maintenance of Rs. 9,000/- per month vide
order dated 06.01.2022. A sum of Rs. 9,000/- was being
deducted from the salary of the petitioner which would be
evident from the order passed by Drawing & Disbursing Officer,
17th Batallion, BSF dt: 22nd February 2024 . The present case has
been filed in abuse of the process of criminal court. The
Patna High Court CR. MISC. No.64082 of 2025(6) dt.24-02-2026
3/4
petitioner and complainant are living together as husband and
wife.
5. On the other hand, learned counsel for the complainant
-opposite party no. 2 vehemently opposed the prayer for
anticipatory bail and submits that Rs. 9,000/- maintenance was
being deducted from the salary of the petitioner but
subsequently the petitioner has been dismissed from his service
as Constable, BSF on the ground that he performed second
marriage during subsistence of first marriage. The payment was
made before dismissal of the petitioner from service on
07.12.2024.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that there is marital discord
between husband and wife and the fact that on the same set of
facts earlier an FIR was lodged by the complainant-opposite
party no. 2 in which the petitioner is on bail and the present
complaint has been filed alleging cause of action since 2015 on
the same set of facts, accordingly, I am inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
Patna High Court CR. MISC. No.64082 of 2025(6) dt.24-02-2026
4/4
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
S.D.J.M., Bhagalpur in connection with Complaint Case No.
128 / 2021 subject to the condition as laid down under Section
482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.