Patna High Court
Dhirendra PrasadversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner with conditions, including a monthly payment of Rs. 3,000 to the complainant.
Summary
The petitioner, Dhirendra Prasad, sought anticipatory bail fearing arrest in a complaint (No. 522 of 2022) alleging offences under IPC sections 323, 341, 379, 504 and 498A/34, including alleged assault, intimidation, theft of jewellery, and dowry harassment. The prosecution alleged that the petitioner had an illicit relationship with his sister‑in‑law, forcibly removed the complainant from her matrimonial home and demanded a motorcycle as dowry. The petitioner denied all allegations, asserted that the complainant had filed a divorce suit and claimed no dowry demand, but offered to pay Rs. 3,000 per month as living expenses to the complainant. The complainant’s counsel accepted this offer. After hearing both sides, the court, noting the acceptance of the payment arrangement, granted anticipatory bail subject to a bail bond, sureties and a monthly payment condition under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC sections 323, 341, 379, 504 and 498A/34.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Indian Penal Code
- dowry harassment
- family dispute
- section 482 CrPC
- marital conflict
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8614 of 2025
Arising Out of PS. Case No.-522 Year-2022 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Dhirendra Prasad S/O Ramesh Prasad Resident of village- Matar, P.O.- Uma-
pur, P.S.- Bhagwanpur, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
1. The State Of Bihar Bihar
2. Kusum Kumari @ Kumari Kusum D/O Sanjay Kewat, W/O Dhirndra Prasad
R/O Vill.- Saidabad, Post- Muradabad, P.S.- Shivsagar, Dist.- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/informant: Mr. Rabindra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
9 11-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Complaint Case No. 522 of 2022 dated 14.06.2022 registered
for the offence punishable under Sections 323, 341, 379, 504,
498A/34 of the I.P.C.
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 30.04.2021. It is alleged that when the
complainant went to her matrimonial home then she came to
know that the petitioner was entangled with his Bhabhi namely,
Savitri Devi, which was opposed by the complainant, due to
which the petitioner and other in-laws family members snatched
Patna High Court CR. MISC. No.8614 of 2025(9) dt.11-02-2026
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her gold ornaments and ousted her from matrimonial home. It is
further alleged that with the intervention of police, the
complainant went to her matrimonial home where the accused
persons demanded an ‘Apache’ motorcycle and due to non
fulfillment of the demand she was again ousted from her
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 free will lady and has always
ignored the petitioner and as such has made false allegation of
illicit relation between the petitioner and his Bhabhi (sister-in-
law). He next submits that the complainant herself does not
want to live with the petitioner and has also filed a divorce case
bearing Matrimonial Case No. 224 of 2022. He next submits
that petitioner or his family members never demanded any
dowry either in kind or cash from the complainant. 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 Oppo-
site Party No. 2 as “living cost” subject to final outcome of the
present case as well as matrimonial case and / or maintenance
Patna High Court CR. MISC. No.8614 of 2025(9) dt.11-02-2026
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case filed and decided between the parties.
5. Learned counsel for the complainant / Opposite Party No. 2
submits that petitioner has illicit relation with his Bhabhi and
the complainant / Opposite Party No. 2 is at the verge of
starvation. However, he 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 parties and
taking into consideration the materials on record and the fact
that offer made by learned counsel for the petitioner has been
accepted by learned counsel for 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.,
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Sasaram, District Rohtas in connection with Complainant Case
No. 522 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. 3,000/- per month in bank account of the Oppo-
site Party No. 2 positively by the 7th day of every
month starting from the month of March, 2026.
(Anil Kumar Sinha, J)
praful/-
U T
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