Patna High Court
Haribhajan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and a condition to deposit Rs 3,000 per month to the complainant.
Summary
The petitioner, Haribhajan Chaudhary, was implicated in a complaint alleging cruelty, harassment, and dowry demands under IPC sections 498A and 34 and Section 4 of the Dowry Prohibition Act. He contended that he had not committed any offence and sought anticipatory bail, offering to pay Rs. 3,000 per month to the complainant as living expenses pending the final outcome of the case. The complainant’s counsel accepted the offer and requested that the court direct the petitioner to make the monthly payments. The High Court, after hearing both sides, granted anticipatory bail, imposing a bail bond of Rs. 10,000 with two sureties and conditioning the release on the monthly payment to the complainant. The order was made subject to the petitioner’s surrender within six weeks and compliance with the payment condition.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged dowry harassment and cruelty under IPC 498A, 34 and Dowry Prohibition Act 4
- Whether the court may impose a condition that the accused deposit a monthly sum to the complainant as part of anticipatory bail
Legislation cited
- Dowry Prohibition Act — s. 4
- Indian Penal Code — s. 34, 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- criminal procedure
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82305 of 2025
Arising Out of PS. Case No.-25 Year-2024 Thana- COMPLAINT CASE - JHANJHARPUR
District- Madhubani
======================================================
Haribhajan Chaudhary S/o- Batohi Chaudhary Resident of Village- Hardi
Harri PS- Rudrapur, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangeeta Kumari R/v- Harri Ps- Rudrapur Dist- Madhubani, A/P- Ram
Shakal Kamat, R/v- Bachhauni Ps- Phulparas Dist-Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman
For the Opposite Party/s : Mr. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 02-04-2026 1. Heard learned Counsel for the petitioner, learned
Counsel for the informant-Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in
connection with Jhanjharpur Complaint Case C.R. No. 25 of
2024, registered for the offences punishable under Sections
498(A) and 34 of the Indian Penal Code and Sections 4 of the
Dowry Prohibition Act.
3. As per the complaint, after the marriage of the
complainant with the petitioner, she was subjected to cruelty and
harassment by her husband and in-laws for not bringing a four-
wheeler as dowry. She was physically assaulted and
continuously pressured despite intervention by her family. On
17.01.2024, she was allegedly assaulted, her belongings were
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taken away, and she was ousted from her matrimonial home,
following which she returned to her parental home and filed the
case.
4. Learned Counsel for the petitioner submits that
the petitioner has not committed any offence in the manner
alleged and he has falsely been implicated in this case.
However, without prejudice to the right and contention of the
petitioner, and in order to maintain harmony in the family, the
petitioner is ready and willing to pay a sum of Rs. 3,000/- per
month to the Opposite Party No. 2 as living cost, subject to the
final outcome of the present case as well as the matrimonial
case, if any, pending and decided between the parties.
5. Learned Counsel for the complainant-Opposite
Party No. 2 submits that the O.P. No. 2 is at the verge of
starvation and accepts the offer so made by learned Counsel for
the petitioner and submits that the petitioner may be directed to
deposit the said amount of Rs. 3,000/- per month in the bank
account of the complainant-Opposite Party No. 2, details of
which shall be furnished by learned Counsel for the Opposite
Party No. 2 to learned Counsel for the petitioner within ten days
from today.
6. After having heard learned Counsel for the
Patna High Court CR. MISC. No.82305 of 2025(4) dt.02-04-2026
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parties and taking into consideration the materials on record and
the fact that the offer made by learned Counsel for the petitioner
has been accepted by learned Counsel for the Opposite Party
No. 2, I am inclined to grant the petitioner privilege of
anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of
his arrest/surrender before the learned Court below within a
period of six weeks from today, be released on bail, upon
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in
connection with Jhanjharpur Complaint Case C.R. No. 25 of
2024.
9. This is subject to the condition that the petitioner
shall deposit a sum of Rs. 3,000/- per month in the bank account
of Opposite Party No. 2 positively, starting from 10 th April,
2026.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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