Patna High Court
Jai Prakash GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Code of Criminal Procedure — s. 482(2)
- Dowry Prohibition Act — s. 3
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 323, 34, 406, 498A, 506
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
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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.
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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)
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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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