Patna High Court
Anand DebversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 354A, 498A
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
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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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