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Patna High Court

SUNIL KUMAR GUPTA @ BUNTRY @ BUNTY SAHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bond and conditions.

Summary

The petitioner, Sunil Kumar Gupta, husband of Bina Devi, was arrested in a dowry harassment case filed under sections 498A/34 of the Indian Penal Code and sections 3 & 4 of the Dowry Prohibition Act. The prosecution alleged that he and co‑accused demanded Rs.2 lakh as dowry, assaulted and tortured the wife, and eventually evicted 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 his wife. The State and the wife opposed bail, contending that the petitioner continued to harass her and that she was destitute. The Court, after considering the petitioner’s undertaking and the conditions proposed, granted bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bond of Rs.10,000 and specific conditions regarding interim payments and affidavit filing. The order also empowered the lower court to cancel bail if the petitioner fails to make the stipulated payments for two consecutive months.

Issues considered

  • Whether bail should be granted to the accused in a dowry harassment case under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
  • Whether the petitioner’s undertaking to pay interim relief is sufficient to justify bail
  • Whether the seriousness of the dowry demand and alleged cruelty affect the bail decision

Legislation cited

Subjects

  • dowry harassment
  • bail
  • section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • Indian Penal Code
  • Dowry Prohibition Act
  • maintenance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66333 of 2024
                 Arising Out of PS. Case No.-818 Year-2022 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 SUNIL KUMAR GUPTA @ BUNTRY @ BUNTY SAH S/O RAMASHISH
                 SAH R/o Village- Bichhiyan, P.S.- Belaon, District- Kaimur at Bhabua

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    Bina Devi W/o Sunil Kumar Gupta @ Buntry @ Bunty Sah, D/o Sonu Sah
                 R/o Village- Bichhiyan, P.S.- Belaon, District- Kaimur at Bhabua, at present
                 Shivobahar, P.O.- Dawat, P.S.- Suryapura, District- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashutosh Tripathy
                 For the Opposite Party/s :     Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   05-02-2026                     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/34 and other allied sections of
                   the Indian Penal Code and sections 3 & 4 of the Dowry
                   Prohibition Act.
                                4. Prosecution case in brief is that opposite party no.2
                   was married with the petitioner in 2022. After marriage, this
Patna High Court CR. MISC. No.66333 of 2024(5) dt.05-02-2026
                                            2/3




          petitioner along with other accused persons started demanding
          Rs. 2 lacs as dowry and on non-fulfillment of the same they
          used to assault and torture 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 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, Bikramganj, Rohtas in Complaint
          Case No. 818/2022, subject to the conditions laid down under
          section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as
               Patna High Court CR. MISC. No.66333 of 2024(5) dt.05-02-2026
                                                           3/3




                         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
                         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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