Patna High Court

Jyoti Prakash SinghversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Anticipatory bail was granted to the petitioner subject to a bond and sureties, with conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioner, Jyoti Prakash Singh, sought anticipatory bail after being implicated in a complaint alleging dowry harassment under Sections 323 and 498A IPC. He denied the allegations and asserted his willingness to restore conjugal rights, having also filed a restitution of conjugal rights suit under Section 9 of the Hindu Marriage Act. The State opposed the bail on the basis of the seriousness of the dowry harassment complaint. The Court, after considering the petitioner’s readiness to maintain his wife’s dignity and the matrimonial proceedings, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) BNSS. The bail order is to be executed if the petitioner is arrested or surrenders within four weeks before the lower court handling Complaint No. 167 of 2022.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in a case involving alleged dowry harassment under Sections 323 and 498A IPC
Whether the petitioner’s willingness to restore conjugal rights affects the bail decision

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Hindu Marriage Act — s. 9
Indian Penal Code — s. 323, 498A

Subjects

anticipatory bail
dowry harassment
Section 498A IPC
Criminal Procedure Code
BNSS
conjugal rights
matrimonial law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69694 of 2025
                 Arising Out of PS. Case No.-167 Year-2022 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Jyoti Prakash Singh Son of Rajdev Singh Resident of Village - Khocharihan,
                 P.S.- Dhansoi, District - Buxar
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Kanchan Kumari D/o Dhanjee Singh, R/o Vill- Siyarua, P.S- Sanjhauli,
                  Distt-Rohtas
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Arun Kumar Gupta, Advocate
                 For the Opposite Party/s :     Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   21-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State. Despite issuance of notice and valid receipt

                   of the same, there is no appearance on behalf of the opposite

                   party no.2.

                                2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 323 and

                   498A of the Indian Penal Code.

                                3. The case is under Section 498A of the I.P.C. with

                   the allegation of subjecting opposite party no.2 to torture on

                   account of non-fulfillment of dowry demand.

                                4. The learned counsel for the petitioner submits that

                   the petitioner denies the allegations made in the complaint case

                   rather he has made a specific statement in paragraph-8 that he is
            Patna High Court CR. MISC. No.69694 of 2025(5) dt.21-01-2026
                                                        2/2




                      ready to keep his wife with due honour and dignity.

                      Furthermore, a matrimonial case for restitution of conjugal

                      rights under Section 9 of the Hindu Marriage Act has also been

                      filed by him.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the

                      complaint case.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances and considering the fact that the petitioner has

                      always been ready to restore the conjugal rights, let the above

                      named petitioner, be released on bail, in the event of his arrest or

                      surrender before the learned Court below within a period of four

                      weeks from today, on furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Court below where the

                      case is pending/successor Court in connection with Complaint

                      Case No. 167 of 2022, subject to the condition as laid down

                      under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the

                      Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T

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