Patna High Court
SUNIL KUMAR GUPTA @ BUNTRY @ BUNTY SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498
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
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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
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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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