Patna High Court
Jay Shankar Prasad Gupta @ Jay Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that, in the absence of specific evidence and given the petitioner’s clean record, anticipatory bail must be granted subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Jay Shankar Prasad Gupta, sought anticipatory bail fearing arrest in a complaint (No. 192 of 2021) alleging offences under IPC sections 341, 323, 379, 498A and section 34, as well as sections 3 and 4 of the Dowry Prohibition Act. He argued that the allegations made by his wife were vague, lacked medical evidence of physical torture, and that he had no prior criminal record. The State opposed the bail. The High Court, considering the lack of specific evidence and the petitioner’s clean antecedents, granted anticipatory bail subject to a bond of Rs. 20,000 with two sureties and conditions under Section 482(2) of the CrPC. The order directs that the bail be released if the petitioner is arrested or surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under IPC sections 341, 323, 379, 498A and the Dowry Prohibition Act.
- Whether the complaint’s general and omnibus nature, coupled with the absence of medical evidence, justifies denial of bail.
- Whether the petitioner’s lack of criminal antecedents influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 34, 341, 379, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Section 498A
- Dowry Prohibition Act
- bail bond
- Criminal Procedure Code
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7946 of 2026
Arising Out of PS. Case No.-192 Year-2021 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Jay Shankar Prasad Gupta @ Jay Shankar Prasad, S/o- Kamla Kant Gupta,
R/o vill- Shekhpur Akhara Ghat, P.S.- Ahiyapur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prakash Kumar Gupta, Brother of Late Priyanka Gupta (Deceased) and S/o-
Nawal Prasad Gupta, R/o vill- Tilak Chowk Ward.No-6, PS- Madhubani,
Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 192 of 2021 registered for
the offences punishable under sections 341, 323, 379 and 498A
read with section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner’s wife lodged the complaint case
in which the cognizance of the offences under section 498A of
the Indian Penal Code and sections 3 & 4 of the Dowry
Prohibition Act has been taken against the petitioner and others;
and the allegations made by the wife of the petitioner in her
complaint are totally general and omnibus and there is no
medical evidence to support the allegation of physical torture
Patna High Court CR. MISC. No.7946 of 2026(2) dt.17-02-2026
2/2
and the marriage of the petitioner with his wife took place in the
year 2016. It is further submitted that after filing of the
complaint, the petitioner’s wife died in her maika on 13.05.2023
and the petitioner is ready to keep his minor daughter who is
presently residing with her maternal grandparents. It is lastly
submitted that the petitioner bears no criminal antecedent.
4. Learned APP for the State has opposed the
prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions, coupled with the pleas of
the petitioner, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest or surrender before the
learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Complaint Case No. 192 of 2021, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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