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Patna High Court

Anand DebversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions of monthly payment to the complainant.

Summary

The petitioner, Anand Deb, sought anticipatory bail in a complaint filed by his wife under Sections 354A and 498A of the IPC alleging dowry harassment and cruelty. The matter had been referred to mediation, but the mediator’s report indicated that the dispute could not be resolved. The petitioner denied the allegations and offered to pay Rs.5,000 per month as temporary relief to the complainant, seeking bail on a bond of Rs.10,000 with two sureties. The State and the complainant opposed the bail, arguing the seriousness of the offences. The Court, considering the petitioner’s undertaking and the failure of mediation, granted anticipatory bail subject to specific conditions, including monthly payments and the possibility of cancellation for non‑compliance.

Issues considered

  • Whether anticipatory bail should be granted in a complaint under Sections 354A and 498A of the IPC.
  • Whether the petitioner’s undertaking to pay monthly relief suffices as a condition for bail.
  • Whether the opposition of the State and complainant precludes the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • IPC 354A
  • IPC 498A
  • mediation
  • bail conditions
  • matrimonial dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.67673 of 2025
                 Arising Out of PS. Case No.-3290 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Anand Deb S/O Sri Bishwananth Deb R/O- Road No- 3, Kajipur Road, C/O-
                 G.C. Das, P.S.-Kadamkuan, District- Patna

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar
           2.    Papiya Dey W/O Sri Anand Deb, D/O Late Shishir Kumar Dey R/O
                 Mithapur, B Area, K.P. Sarkar Road, P.S.- Jakkanpur, Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Rakesh Kumar Jha, Advocate
                 For the State          :       Mr. Anant Kumar 1, APP
                 For the Complainant    :       Mr. Dilip Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   21-04-2026                 Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the complainant

                   /Opposite Party No. 2.

                               2. The petitioner, husband of the complainant

                   /Opposite Party No. 2, apprehends his arrest in a complaint case

                   registered for the offence punishable under Sections 354A and

                   498A of the Indian Penal Code.

                               3. Earlier, vide order dated 17.02.2026, the matter was

                   referred to Mediation and Conciliation Centre, Patna High

                   Court. From perusal of mediator’s report dated 10.04.2026 it is
Patna High Court CR. MISC. No.67673 of 2025(4) dt.21-04-2026
                                            2/3




          apparent that despite best efforts, the dispute between the parties

          could not be resolved through the process of mediation.

                       4.    As     per      prosecution       case,   marriage   of

          complainant/Opposite Party No. 2 was solemnized with this

          petitioner on 20.11.2022 and thereafter, all the accused persons,

          including this petitioner, started demanding additional dowry

          and due to non-fulfillment of demand of dowry, the

          complainant/Opposite Party No. 2 was subjected to cruelty and

          harassment.

                       5. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner denies the allegations made

          in the complaint petition. Petitioner never committed torture to

          complainant/Opposite Party No. 2 or demanded any dowry.

          However, the petitioner undertakes to give Rs. 5,000/- (five

          thousand rupees) per month by way of temporary relief/solace,

          starting from this month, to the complainant/Opposite Party No.

          2. Petitioner claims clean antecedents.

                       6. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the complainant/Opposite Party No. 2

          have vehemently opposed the prayer for grant of anticipatory

          bail to the petitioner.

                       7. In view of the undertaking of learned counsel for
             Patna High Court CR. MISC. No.67673 of 2025(4) dt.21-04-2026
                                                         3/3




                       the petitioner that petitioner is ready to give temporary

                       relief/solace of Rs. 5,000/- (five thousand rupees) per month to

                       complainant/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 learned S.D.J.M., Patna

                       in connection with Complaint Case No. 3290(c) of 2024, subject

                       to condition as laid down under Section 482(2) of B.N.S.S. with

                       further following conditions:

                                           “(A.) The Complainant/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.
                                          (B.) Petitioner would deposit the aforesaid
                                    amount per month in the saving bank account of the
                                    Complainant/Opposite Party No. 2 .
                                          (C.) 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.
                                          (D.) 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)
shashank/-
U      T


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