Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a cash bond, sureties, and specific conditions regarding interim financial relief.
Summary
Dharmendra Kumar, husband of Sweta Rani, was arrested in a dowry harassment case under sections 498A and 504 of the IPC. He applied for bail, claiming innocence and offering to pay Rs. 3,000 per month as interim relief to his wife. The State and the wife opposed bail, alleging cruelty, harassment, and that the wife is left without livelihood. The court noted that mediation had failed and, considering the petitioner’s undertaking and the wife’s willingness to accept the monthly payment, granted bail on a bond of Rs. 10,000 with two sureties. The bail order imposed conditions including deposit of the interim relief, furnishing of the wife’s bank details, and cancellation of bail for non‑payment for two consecutive months, subject to any future matrimonial or maintenance orders.
Issues considered
- Whether bail should be granted to the accused in a dowry harassment case under sections 498A/504 IPC.
- Whether the conditions imposed by the court are appropriate to ensure the safety and financial security of the complainant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 498A, 504
Subjects
- bail
- dowry harassment
- IPC 498A
- IPC 504
- marital dispute
- maintenance
- interim relief
- mediation failure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64831 of 2025
Arising Out of PS. Case No.-1127 Year-2020 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Dharmendra Kumar S/o Radhe Prasad Resident of village- Ahiyapur
Sheikhpura, P.S- Sheikhpura, District- Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sweta Rani W/o Dharmendra Kumar, D/o Shambhu Prasad R/o Atrua, P.S.-
Bhagwanpur, Post - Lakhanpur, Distt.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhaneshwar Vashist
For the Opposite Party/s : Mr.Umesh Lal Verma
Mr. AK Bhardwaj
======================================================
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/504 IPC.
4. Prosecution case in brief is that opposite party no.2
was married with the petitioner. After marriage, this petitioner
along with other accused persons started demanding dowry and
on non-fulfillment of the same they used to assault and torture
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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 a female child and 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
Judicial Magistrate 1st class, Begusarai in Complaint Case No.
1127C/2020, 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
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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 T
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