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Patna High Court

Rahul Gupta @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

Petitioner Rahul Gupta sought anticipatory bail after a dowry complaint (Case No. 90 of 2025) alleged that he and his family demanded Rs. 10 lakh and a four-wheeler, harassed the complainant, and threw her out of the house. The petitioner contended that the allegations were false, highlighted a discrepancy in the date of occurrence, and claimed he was the victim of assault by the complainant's in‑laws, asserting a clean criminal record. The State and complainant opposed bail, arguing the dowry demand and assault were proven. The court examined the matrimonial dispute context and the lack of immediate evidence of a prima facie case, and granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. The order also imposed surety and compliance requirements, and clarified that its observations would not affect the trial. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a dowry harassment case pending under the Bharatiya Nyaya Sanhita and Dowry Prohibition Act.
  • Whether the date discrepancy and claim of false implication affect the prima facie case against the petitioner.
  • Whether the conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. are satisfied for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • matrimonial dispute
  • false implication
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7871 of 2026
                   Arising Out of PS. Case No.-90 Year-2025 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Rahul Gupta @ Rahul Kumar, S/o- Late Ram Pravesh Saw, R/o- Mahudar
                 P.S.- Bodhgaya, Dist- Gaya

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Anshu Kumari, S/o- Rahul Gupta @ Rahul Kumar, D/o- Paro Sai, Resident
                 of Village- Mahudar, P.S.- Bodhgaya Dist- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aryan Singh, Advocate
                                                 Mr. Gajendra Kumar Singh, Advocate
                                                 Ms. Surabhi Nirmal, Advocate
                 For the Opposite Party/s :      Mr. Md. Fahimuddin, APP
                                                 Ms. Ranjana Singh, APP
                                                 Ms. Rabia Gulnaz, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   21-05-2026                     Heard the learned counsel for the petitioner, the

                   learned counsel for the opposite party no. 2 as well as the

                   learned A.P.P. for the State through virtual mode.

                                 2. The petitioner is apprehending his/her arrest in

                   connection with Complaint Case No. 90 of 2025 registered for

                   the offence(s) under Section(s) 115(2), 109 and 85 of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Sections 3 and 4 of

                   the Dowry Prohibition Act.

                                 3. The prosecution case is to the effect that the

                   complainant has alleged that within one month of her marriage,

                   the accused persons demanded Rs. 10 lakhs and a four wheeler
Patna High Court CR. MISC. No.7871 of 2026(3) dt.21-05-2026
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          and started harassing her. It has further been alleged that the

          complainant was forcefully thrown out of the house and,

          thereafter, she has been living at her mayka.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case and no

          such demand of dowry or assault has ever been taken place. It

          has further been submitted that from the perusal of the

          complaint itself, it would be evident that the date of the

          occurrence is said to be 12.09.2024 while the present complaint

          was filed on 15.01.2025, i.e., after more than four months. It has

          next been submitted that, in fact, it was the petitioner who was

          assaulted on 12.09.2024 by the in-laws and for which the

          fardbeyan was recorded in the emergency hall of Magadh

          Medical College and Hospital, Gaya and, thereafter, as an

          afterthought, the present complaint was filed showing the date

          one day prior to the incident which had occurred with the

          petitioner. It has lastly been submitted that the petitioner has

          clean antecedent.

                       5. The learned counsel for the complainant and the

          learned A.P.P. for the State have vehemently opposed the prayer

          for grant of anticipatory bail to the petitioner and have

          submitted that the petitioner and the entire family members have
Patna High Court CR. MISC. No.7871 of 2026(3) dt.21-05-2026
                                            3/4




          been demanding dowry and even assaulted and forcefully

          thrown out the complainant from the house and, thereafter, they

          did not allow her to come back. It has further been submitted

          that the matter was referred to mediation and despite her

          eagerness to stay with the petitioner, the petitioner is now

          adamant not to keep her as his legally wedded wife.

                       6. Considering the aforesaid submissions and taking

          into account the fact that the matter relates to matrimonial

          dispute where case and counter case have been filed, let the

          petitioner, above-named, be released on anticipatory bail, in the

          event of his/her arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on his/her furnishing bail bonds in the sum of Rs. 10,000/-

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

          each to the satisfaction of the concerned Court/successor Court

          where the case is pending in connection with Complaint Case

          No. 90 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure, 1973 read

          with corresponding Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the

          following conditions :

                                  (i)   One of the bailors of the petitioner shall be
                            his/her close relative and the other shall be a local
           Patna High Court CR. MISC. No.7871 of 2026(3) dt.21-05-2026
                                                       4/4




                                       resident.
                                             (ii) The petitioner shall remain physically present
                                       before the concerned Court on each and every date of the
                                       trial and shall cooperate in the investigation.
                                             (iii) In case of absence for two consecutive occasions
                                       or in violation of the terms of the bail, the bail bonds of
                                       the petitioner will be liable to be cancelled by the
                                       concerned Court.
                                             (iv) The concerned Court shall verify the criminal
                                       antecedent of the petitioner and in case, at any stage, it is
                                       found that he/she has concealed his/her criminal
                                       antecedents, the Court concerned shall take necessary
                                       steps for cancellation of his/her bail bond. However, the
                                       acceptance of bail bonds in terms of the above-mentioned
                                       order shall not be delayed for purpose of or in the name of
                                       verification.
                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
krishna/sweta-

U      T


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