Patna High Court
Bablu Gupta @ Bablu Kumar @ RaviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could be granted as the petitioner had clean antecedents, no substantive evidence of dowry harassment, and had undertaken to fulfill his maintenance obligations, invoking Section 482(2) of the B.N.S.S.
Summary
The petitioner, Bablu Gupta, sought anticipatory bail fearing arrest in a dowry harassment case alleging violations of Sections 126(2), 115(2), 85 and 3(5) of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. He contended that he had not tortured or demanded dowry from his wife, the informant, and highlighted his compliance with a maintenance order directing him to pay Rs.5,000 per month, of which he had already paid Rs.20,000. The State and the informant opposed the bail, arguing the seriousness of the allegations. The court, considering the petitioner’s clean antecedents, lack of direct evidence, and his undertaking to complete the maintenance payments, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order also stipulated payment of the remaining maintenance arrears within three months and provided for bail cancellation on default.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the dowry harassment allegations.
- Whether the petitioner’s compliance with the maintenance order and clean antecedents justify bail despite the pending charges under the B.N.S. and Dowry Prohibition Act.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 144, 3(5), 482(2), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- anticipatory bail
- dowry harassment
- maintenance order
- criminal procedure
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86532 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- MAHILA P.S. District- Sheohar
======================================================
Bablu Gupta @ Bablu Kumar @ Ravi S/O Bangali Shah R/O Village- Kaswa
Kadamwa, P.O- Kadamwa, P.S- Ghorasahan, District- East Champaran,
Bihar- 845303.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Khushabu Kumari @ Khushboo Kumari W/O Bablu Kumar, D/O Shri
Nimichand Sah Presently residing at Ward No. 13, Vishvambharpur, P.S-
Tariyani, Dist.- Sheohar, Bihar- 847304.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prashant Raj, Advocate
For the State : Mr. Anil Kumar, APP
For the Informant : Mr. Anand Kishore, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant/Opposite
Party No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 85 and 3(5) of the B.N.S. and Sections 3 and 4 of the
Dowry Prohibition Act.
3. As per the prosecution case, it is alleged that this
petitioner, who happens to be husband of the
informant/Opposite Party No. 2, along with other F.I.R. named
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accused persons, tortured and harassed the informant due to
non-fulfillment of demand of dowry.
4. Learned counsel appearing for the petitioner
submits and petitioner is quite innocent and has committed no
offence. While denying the allegations, learned counsel for the
petitioner submits that petitioner has falsely been implicated in
this case merely because he is husband of the
informant/Opposite Party No. 2. As a matter of fact, at no point
of time, petitioner committed torture or harassment with the
complainant and neither demanded dowry. Moreover, learned
Principal Judge, Family Court, Sheohar vide order dated
24.11.2025 passed under Section 144 of the B.N.S.S. in
Maintenance Case No. 33 of 2025 has directed this petitioner to
pay Rs. 5,000/- per month to the informant/Opposite Party No. 2
and in compliance of the said order, petitioner has already paid
Rs. 20,000/- to the informant and undertakes to pay rest of Rs.
20,000/- as arrears of maintenance till March, 2026 and further
undertakes to continue paying the same till further orders.
Petitioner claims clean antecedent.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant/Opposite Party No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
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the petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, clean antecedents and aforesaid
undertaking of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on 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, Sheohar in connection with Sheohar Mahila P.S.
Case No. 39 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S., along with the following terms
and conditions:
“(A.) Informant/Opposite Party No. 2 would file
an affidavit before the court below and bring on record
her saving bank account number for its communication
to the petitioner.
(B.) Rest amount i.e. Rs. 20,000/- (Rupees
twenty thousand) shall be paid in the bank account of
the informant/Opposite Party No. 2 in two equal
installments amounting to Rs. 10,000/- each within a
period of three months from the date of furnishing bail-
bond.
(C.) In case, the petitioner fails to deposit the
aforesaid amount within the stipulated time, the court
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below would be at liberty to cancel the bail bond.”
(Prabhat Kumar Singh, J)
shashank/-
U T
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