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Patna High Court

Jai Prakash GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond and a condition to pay Rs. 3,000 per month to the complainant.

Summary

Jai Prakash Gupta was named in a complaint (No. 222 of 2023) alleging dowry harassment, cruelty, assault and criminal intimidation under Sections 498A, 406, 323, 506, 34 of the IPC and Section 3 of the Dowry Prohibition Act. The petitioner sought anticipatory bail, claiming innocence and asserting that the wife, Pinki Devi, had left the matrimonial home of her own volition and that no dowry was demanded. The respondent’s counsel alleged illicit relations by the petitioner and his expulsion of the complainant, but accepted the petitioner’s offer to pay Rs. 3,000 per month as maintenance. The Court, after hearing both sides, considered whether the seriousness of the allegations warranted denial of bail and whether conditions could be imposed to protect the complainant. Finding that the petitioner’s offer of monthly maintenance was accepted and that bail would not prejudice the investigation, the Court granted anticipatory bail with a bond and the stipulated payment condition. The order also directed the petitioner to deposit the amount by the 7th of each month starting May 2026.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 498A, 406, 323, 506, 34 IPC and Section 3 D.P. Act
  • Whether the Court can impose a condition of monthly maintenance payment as part of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • dowry harassment
  • cruelty
  • IPC
  • Dowry Prohibition Act
  • maintenance
  • Hindu Marriage Act
  • Section 498A

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82765 of 2025
                 Arising Out of PS. Case No.-222 Year-2023 Thana- ROHTAS COMPLAINT CASE District-
                                                         Rohtas
                 ======================================================
                 Jai Prakash Gupta Son of Late Aniruddh Sah R/o - Village Alampur, P.S. -
                 Baddi, Dist. - Rohtas.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Pinki Devi Wife of Jai Prakash Gupta and D/o Mahendra Sah. R/o Village -
                 Akbarpur, P.O. and P.S. - Rohtas, Dist. - Rohtas.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s          :       Mr.Rajani Kant Singh

                 For the Opposite Party/s      :       Mr.Ramchandra Sahni

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   21-04-2026        1. Heard the parties.

                      2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 222 of 2023 dated 07.08.2023 registered

                   for the offence punishable under Section 498A, 406, 323, 506 /

                   34 of the I.P.C. and Section ¾ of the D.P. Act.

                      3. The prosecution case in short is that the marriage of the

                   complainant was solemnized with the petitioner according to

                   Hindu rites and rituals on 23.04.2017. It is alleged that six

                   months after marriage the accused persons, including husband,

                   started demanding dowry of Rs. 3 Lakhs and one Bullet motor-

                   cycle. In the meantime, the complainant gave birth to one
Patna High Court CR. MISC. No.82765 of 2025(4) dt.21-04-2026
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          female child. It is further alleged that her husband (i.e.

          petitioner) has illicit relation with a girl and lastly on 19.04.2022

          the accused persons ousted her from matrimonial home.

            4. Learned counsel for the petitioner submits that petitioner is

          innocent and he has not committed any offence in the manner

          alleged and has falsely been implicated in this case. He further

          submits that the complainant is a lady of free will and since the

          date of her marriage she was not ready to adjust in the family of

          the petitioner. He next submits that petitioner is ready to keep

          the complainant and his daughter with full honour and dignity

          and due to complainant reluctant approach the petitioner filed

          Matrimonial Case No. 308 / 2019 under Section 9 of the Hindu

          Marriage Act. He next submits that neither any dowry demand

          has been made from the complainant by the petitioner or any of

          his family members nor the complainant has been subjected to

          any type of assault or torture at any point of time. 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. 3,000/- per month to the opposite

          party no. 2 as “living cost” subject to final outcome of the

          present case as well as matrimonial case and / or maintenance

          case if any filed and decided between the parties.
Patna High Court CR. MISC. No.82765 of 2025(4) dt.21-04-2026
                                            3/4




            5. Learned counsel for the complainant / opposite party no. 2

          submits that petitioner is having illicit relation with another girl

          and he ousted the complainant from her matrimonial home and

          the complainant / opposite party no. 2 is at the verge of starva-

          tion. However, he accepts the offer so made by 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 parties and

          taking into consideration the materials on record and the fact

          that offer made by the petitioner has been accepted by the

          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 S.D.J.M., Dehri,

          District- Rohtas in connection with Complaint Case No. 222 of

          2023 subject to the condition as laid down under Section 482(2)
               Patna High Court CR. MISC. No.82765 of 2025(4) dt.21-04-2026
                                                           4/4




                         of the B.N.S.S. as well as the following condition:-

                                        (i) that the petitioner shall deposit a sum of

                                  Rs. 3,000/- per month in the bank account of the

                                  opposite party no. 2 positively by the 7th day of

                                  every month starting from the month of May,

                                  2026.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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