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Patna High Court

Avinash Trivedi @ Avinash Tr.versusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a Rs.15,000 bond, two sureties and the condition of monthly payment of Rs.5,000 to the wife, with cancellation upon default.

Summary

The petitioner, Avinash Trivedi, was arrested in a dowry harassment case involving multiple offences under the B.N.S., 2023 and the Dowry Prohibition Act. He denied the allegations but offered to pay Rs.5,000 per month to his wife as temporary relief. The court considered his bail application and the undertaking to make monthly payments. Relying on Section 482 of the B.N.S.S., the court granted bail subject to a bond of Rs.15,000 and two sureties. The bail order imposed conditions that the wife file an affidavit with her bank details and that the petitioner deposit the stipulated amount monthly, with cancellation if he defaults for two consecutive months. The order also clarified that the bail does not preclude any future matrimonial or maintenance proceedings.

Issues considered

  • Whether the petitioner is entitled to bail under Section 482 of the B.N.S.S. despite serious dowry harassment charges
  • Whether the petitioner’s undertaking to pay a monthly amount can be imposed as a condition for bail
  • Whether failure to comply with the payment condition warrants cancellation of bail

Legislation cited

Subjects

  • bail
  • dowry harassment
  • Section 126
  • Section 127
  • Section 115
  • Section 109
  • Section 303
  • Section 85
  • Section 351
  • Section 352
  • Section 3(5)
  • Dowry Prohibition Act
  • Section 482
  • mediation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8188 of 2026
                    Arising Out of PS. Case No.-49 Year-2025 Thana- MAHILA P.S. District- Muzaffarpur
                 ======================================================
                 Avinash Trivedi @ Avinash Tr. S/O Sudhir Trivedi R/O Village- Madhopur,
                 P.S- Mushahari, Distt.- Muzaffarpur, A/P Address- PHD Reserch Scholor, NIT
                 Tiruchirappalli, Tamilnadu, Mob. No.- 7003887597.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rashmi Raj wife of Avinash Trivedi Daughter of Dinesh Prasad Singh
                 Bairiya Bus Stand, Muzaffarpur, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Manish Jha & Ms. Shrishti, Advocates
                 For the State            :        Mr. Shailendra Kumar, A.P.P.
                 For the O.P.-2           :        Mr. Prabhakar Tekriwal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   08-07-2026                        In compliance of earlier order dated 17.06.2026,

                   both parties i.e. Avinash Trivedi (husband) and Rashmi Raj

                   (wife) are present. Their personal appearance is, hereby,

                   dispensed with.

                                2. Pursuant to order of this Court, the matter was

                   referred to Mediation & Conciliation Centre of Patna High

                   Court, but the dispute between the parties could not be resolved

                   through the process of mediation and as such, mediation failed.

                                3. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant /

                   opposite party no. 2.

                                4. The petitioner, who is husband of opposite party no.
Patna High Court CR. MISC. No.8188 of 2026(4) dt.08-07-2026
                                            2/3




          2, apprehends his arrest in a case registered for the offences

          under Sections 126(2), 127(2), 115(2), 109, 303(2), 85, 351(2),

          352, 3(5) of the B.N.S., 2023 and Section 3/4 of the Dowry

          Prohibition Act.

                       5. Petitioner is alleged to have committed torture and

          harassment with opposite party no. 2 for dowry.

                       6. Learned counsel for the petitioner submits that

          petitioner denies the allegation made in the present petition and

          submits that he never committed torture to opposite party no. 2

          or demanded any dowry. However, the petitioner undertakes to

          give Rs. 5,000/-per month by way of temporary relief/solace,

          starting from this month, to the opposite party no.2.

                       7. In view of the undertaking of learned counsel for

          the petitioner that petitioner is ready to give temporary

          relief/solace of Rs. 5,000/- (Rupees five thousand) per month

          to the opposite party no. 2, in the event of arrest/surrender

          within a period of eight weeks from today, let the above-named

          petitioner be enlarged on bail on furnishing bail bond of Rs.

          15,000/- (fifteen thousand) with two sureties of the like amount

          each to the satisfaction of learned J.M. 1st Class, East

          Muzaffarpur in connection with Mahila (Muzaffarpur) P.S. Case

          No. 49 of 2025, subject to the conditions laid down under
           Patna High Court CR. MISC. No.8188 of 2026(4) dt.08-07-2026
                                                       3/3




                     section 482 of the B.N.S.S. as well as on the following

                     conditions:-

                                  “(1) Opposite party no. 2 would file an affidavit
                                       before the court below and bring on record her
                                       savings       bank      account   number   for   its
                                       communication to the petitioner.
                                  (2) Petitioner would deposit the aforesaid amount
                                       per month in the savings bank account of the
                                       opposite party no. 2.
                                  (3) 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.
                                  (4) 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)
anay

U      T


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