Patna High Court
Suraj kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner with specified bond and surety conditions.
Summary
Suraj Kumar applied for anticipatory bail after a complaint was lodged against him under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. He feared arrest and argued that the complainant, Rubi Devi, was willing to live with him at his matrimonial home in Lalganj and would care for his mother-in-law. The court noted the parties' presence and the petitioner’s employment as a labourer in Tripura, which made relocation difficult. After hearing counsel, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.2,000 with two sureties and to comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S. The order is subject to the satisfaction of the trial court where the case is pending.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Section 498A IPC and the Dowry Prohibition Act
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- Section 498A
- dowry prohibition
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70018 of 2025
Arising Out of PS. Case No.-3279 Year-2023 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Suraj Kumar Son of Tulsi Raut Resident of village- Chacksale, PS - Lalganj,
Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rubi Devi Daughter of Raju Raut Resident of Village- Kharjamma Mahnar,
PS - Mahnar, Dist- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 21-04-2026 1. Heard learned counsel for the petitioner, learned A.P.P.
for the State and learned counsel appearing on behalf of the opposite
party no. 2.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Section 498A of the Indian Penal
Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. The petitioner and the opposite party no. 2, in
compliance of the order dated 20.04.2026, are physically present in
the Court.
4. The petitioner submits that the opposite party no. 2 is
willing to accompany him to her matrimonial home at Lalganj and
the petitioner is also willing to keep her with full honour and dignity.
5. The opposite party no. 2, who is also present in the
Court, submits that she will willingly accompany the petitioner to her
Patna High Court CR. MISC. No.70018 of 2025(5) dt.21-04-2026
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matrimonial home.
6. The petitioner further submits that he works at Tripura
as a labourer and stays in a rented room along with other labourers,
as such, is not able to take the opposite party no. 2 to Tripura but then
the opposite party no. 2 will live with full honour and dignity at
Lalganj where his mother resides all by herself.
7. The opposite party no. 2 further submits that she will
take care of her mother-in-law.
8. It is next submitted by the petitioner that he will take
the opposite party no. 2 to Lalganj from the Court premises itself.
9. After hearing the learned counsel for the parties, let the
petitioner, above-named, in the event of his arrest or surrender within
a period of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two
sureties of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/Successor Court in connection with
Complaint Case No. 3279 of 2023, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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