Patna High Court
Santosh Gupta @ Santosh Kumar GuptaversusThe 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 of Rs 10,000, two sureties and a condition to deposit Rs 5,000 per month to the complainant.
Summary
The petitioner, Santosh Gupta, sought anticipatory bail fearing arrest in a dowry‑related complaint (Case No. 228(C) of 2022) alleging offences under Sections 498A, 406, 313, 315, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that after marriage the petitioner and his in‑laws demanded dowry and, on non‑payment, tortured and expelled the complainant. The petitioner denied any wrongdoing and offered to pay Rs 5,000 per month as living expenses to the complainant, which the complainant accepted. The court, after hearing both sides, was inclined to grant anticipatory bail, imposing a bail bond of Rs 10,000 with two sureties and directing the petitioner to deposit Rs 5,000 monthly in the complainant’s bank account. The order was made under the inherent powers of the court pursuant to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in a case involving alleged dowry harassment and related IPC offences.
- Whether the court may impose a condition that the petitioner deposit a monthly sum to the complainant as a term of anticipatory bail.
- Whether the alleged offences under Sections 498A, 406, 313, 315, 34 IPC and Sections 3,4 Dowry Prohibition Act justify denial of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 313, 315, 34, 406, 498A
Subjects
- anticipatory bail
- dowry harassment
- Section 498A
- IPC
- Dowry Prohibition Act
- CrPC Section 482
- bail conditions
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82554 of 2025
Arising Out of PS. Case No.-228 Year-2022 Thana- BHOJPUR COMPLAINT CASE Dis-
trict- Bhojpur
======================================================
Santosh Gupta @ Santosh Kumar Gupta S/O Shiv Shankar Gupta @ Santosh
Shiv Shankar Gupta Resident of Village- Sikarhatta Kala, P.S.- Sikarhatta,
District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sapana Kumari W/O Santosh Gupta @ Santosh Kumar Gupta Resident of
Village- Sikarhatta, P.S.- Sikarhatta, District- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
8 07-05-2026 1. Heard learned counsel for the petitioner, learned
counsel for the complainant - Opposite Party No. 2 and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 228(C) of 2022 registered for the
offence punishable under Section 498(A), 406, 313, 315, 34 of
the I.P.C. and Section 3, 4 of the D.P. Act.
3. The prosecution case, as per the complaint petition,
is that the marriage of the complainant was solemnized with the
petitioner according to Hindu rites and rituals on 19.05.2015
and after sometime the petitioner and the in-laws started
demanding one motorcycle and a gold chain as dowry and due
Patna High Court CR. MISC. No.82554 of 2025(8) dt.07-05-2026
2/3
to non fulfillment of the said demand, the petitioner and other
family members tortured the complainant- Opposite Party No. 2
physically as well as mentally and finally ousted the
complainant from her matrimonial home.
4. Learned counsel for the petitioner submits that peti-
tioner 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
undertakes to pay a sum of Rs. 5,000/- per month to the
complainant- Opposite Party No. 2 as “living cost” subject to
the final outcome of the present case as well as matrimonial
case, if any, pending and / or decided between the parties.
5. Learned counsel for the complainant / Opposite
Party No. 2 submits that the complainant / Opposite Party No. 2
is at the verge of starvation having no source of income and
accepts the offer so made by the petitioner and submits that the
petitioner may be directed to deposit the said amount of
Rs. 5,000/- 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.
Patna High Court CR. MISC. No.82554 of 2025(8) dt.07-05-2026
3/3
6. After having heard learned counsel for the parties
and taking into consideration the materials on record and the
fact that offer made by the petitioner has been accepted by the
complainant-Opposite Party No. 2, as such, I am inclined to
grant privilege of anticipatory bail to the petitioner.
7. 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 anticipatory bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M. Bhojpur at Ara in connection with Complaint Case No.
228(C) of 2022 subject to the condition as laid down under
Section 482(2) of the B.N.S.S. as well as the following
condition:-
(i) that the petitioner shall deposit a sum of
Rs. 5,000/- per month in bank account of the
Opposite Party No. 2 positively by the 7th day of
every month starting from the month of June, 2026.
(Anil Kumar Sinha, J)
praful/-
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