Patna High Court
Dhirendra Kumar Paswan @ Dhirendra Kumar @ Dhirendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to the stipulated conditions.
Summary
The petition filed by Dhirendra Kumar Paswan sought bail in a complaint case (No.1280 of 2023) alleging offences under IPC sections 498A and 34 and the Dowry Prohibition Act sections 3 and 4. The petitioner denied the allegations of dowry harassment and torture, but offered to pay a monthly amount of Rs 3,000 to his wife, Putul Kumari, as temporary relief. Mediation before the High Court’s Mediation & Conciliation Centre failed. The Court, after hearing counsel, ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions including the monthly payment, filing of an affidavit by the wife, and possible cancellation for default. The bail order was made under the provisions of CrPC section 438(2) and the inherent powers of the court under section 482 of the B.N.S.S. The order also clarified that the bail does not prejudice any future matrimonial or maintenance proceedings.
Issues considered
- Whether bail can be granted in a dowry‑harassment complaint pending investigation
- Whether the petitioner’s undertaking to pay a monthly amount constitutes sufficient ground for bail
- Application of CrPC section 438(2) and the inherent powers under section 482 of the B.N.S.S. in granting bail
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 34, 498A
Subjects
- bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- mediation
- CrPC 438
- section 482
- temporary relief
- maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67320 of 2025
Arising Out of PS. Case No.-1280 Year-2023 Thana- NALANDA COMPLAINT CASE
District- Nalanda
======================================================
Dhirendra Kumar Paswan @ Dhirendra Kumar @ Dhirendra Paswan Son of
Kamleshwari Paswan Resident of Village- Numar, P.S.- Barhat, Dist. -Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Putul Kumari wife of Dhirendra Kumar Paswan @ Dhiraj Kumar Resident
of Village- Mridahachak, Ps- Harnaut, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
Mr.Shambhu Nr. Singh,Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 06-07-2026 Pursuant to order of this Court, the matter was
referred to Mediation & Conciliation Centre of Patna High
Court, but the dispute between the parties could not be resolved
through the process of mediation and as such, mediation failed.
2. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the complainant /
opposite party no. 2.
3. The petitioner, who is husband of opposite party no.
2, apprehends his arrest in a complaint case punishable for the
offences under Section 498(A) and 34 of the Indian Penal Code
and Section 3/4 of the Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and
Patna High Court CR. MISC. No.67320 of 2025(5) dt.06-07-2026
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harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that
petitioner denies the allegation made in the complaint petition
and submits that he never committed torture to opposite party
no. 2 or demanded any dowry. However, the petitioner
undertakes to give Rs. 3,000/-per month by way of temporary
relief/solace, starting from this month, to the opposite party
no.2.
6. In view of the undertaking of learned counsel for
the petitioner that petitioner is ready to give temporary
relief/solace of Rs. 3,000/- (Rupees three thousand) per month
to the opposite party no. 2, in the event of arrest/surrender
within a period of eight weeks from today, let the above-named
petitioner 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 learned C.J.M., Nalanda, Biharsharif
in connection with Complaint Case No. 1280 (C) of 2023 ,
subject to the conditions laid down under section 438(2) of the
Code of Criminal Procedure / Section 482 of the B.N.S.S. as
well as on the following conditions:-
“(1) Opposite party no. 2 would file an affidavit
before the court below and bring on record her
savings bank account number for its
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communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount
per month in the savings bank account of the
opposite party no. 2.
(3) In case, the petitioner fails to deposit the
aforesaid 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)
anay
U T
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