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Patna High Court

Gautam YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond and conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

Gautam Yadav was arrested in a complaint alleging offences under IPC sections 323, 498A, 406, 504/34 and Section ¾ of the Dowry Prohibition Act, stemming from alleged dowry demands and cruelty after his 2016 marriage. He applied for bail, claiming innocence, no prior criminal record, and that the maximum punishment for the alleged offences is three years. The State and the complainant opposed bail, arguing the case involves illegal dowry demand and cruelty. The court noted the limited maximum sentence and the petitioner’s lack of antecedents, and granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The order also directed that any matrimonial grievances be pursued in Family Court.

Issues considered

  • Whether bail should be granted in a case involving alleged dowry harassment and cruelty under IPC and the Dowry Prohibition Act.
  • Whether the petitioner’s lack of criminal antecedent and the maximum prescribed punishment of three years justify bail.
  • Whether Section 482(2) of the B.N.S.S., 2023 can be invoked to impose conditions on bail.

Legislation cited

Subjects

  • bail
  • dowry harassment
  • cruelty
  • IPC
  • Dowry Prohibition Act
  • criminal law
  • family law
  • maternity dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.926 of 2026
                 Arising Out of PS. Case No.-198 Year-2024 Thana- BUXAR COMPLAINT CASE District-
                                                         Buxar
                 ======================================================
                 Gautam Yadav S/o Uma Shankar Yadav, R/o Village- Nandan, P.S.- Dumraon,
                 Distt- Buxar

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar
           2.    Mira Devi W/o Gautam Yadav R/o vill - Nandan, P.S.- Dumraon, Distt.-
                 Buxar, at present Residing Mira Devi, D/o Ramjeet Yadav, R/o vill - Balua,
                 P.S.- Brahmpur, Distt.- Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Rang Nath Choubey, Advocate
                 For the State          :       Mr. Upendra Kumar, APP
                 For the Complainant    :       Mr. Rajiv Ranjan Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

                                                ORAL ORDER

3   06-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel for the

                   Complainant.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Complaint Case No. 198 of 2024, filed for

                   the offences punishable under Sections 323, 498A, 406 and

                   504/34 of the Indian Penal Code and Section ¾ of the D.P. Act.

                                 3. As per allegation, the petitioner was married with

                   complainant in the year of 2016 and as per further allegation,

                   after the marriage, illegal demand of additional dowry started
Patna High Court CR. MISC. No.926 of 2026(3) dt.06-04-2026
                                            2/4




          and on account of non-fulfillment of the same, she was

          subjected to torture and petitioner also drinks liquor and assaults

          under the influence of it. There is one daughter born out of the

          wedlock.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. He further submits that there is one female child born out

          of the wedlock. He further submits that the maximum

          punishment prescribed for the alleged offence is three years. He

          also submits that petitioner is ready to keep his wife but wife is

          not ready to live with him.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedent.

                       7. However, learned APP for the State as well as

          learned counsel for the complainant vehemently oppose the

          prayer of the Petitioner for bail submitting that this is a case of

          illegal demand of dowry and cruelty being committed by the

          petitioner on account on non-fulfillment of illegal demand of

          dowry.
Patna High Court CR. MISC. No.926 of 2026(3) dt.06-04-2026
                                            3/4




                       8. Considering the aforesaid facts and the fact that the

          maximum punishment prescribed for the alleged offence is three

          years, this petition is allowed, directing the petitioner, above-

          named, to be enlarged on bail, in the event of his arrest or

          surrender before the court below within a period of eight weeks

          from the date of receipt / production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned concerned Court Below, in connection

          with Complaint Case No. 198 of 2024, subject to the conditions

          as laid down under Section 482 (2) of the B.N.S.S., 2023 and on

          the following conditions:

                       (i) In case, it is brought to the notice of the court

          below that the petitioner has any criminal antecedent, learned

          court below shall cancel the bail bonds of the petitioner after

          hearing him and getting satisfied that the petitioner has

          concealed his criminal antecedents despite his knowledge of the

          same.

                       (ii) In case, it is brought to the notice of the court

          below that statement regarding previous bail petition is wrong,

          learned court below shall cancel the bail bonds of the petitioner.

                       9. If there is any matrimonial grievance, the parties
           Patna High Court CR. MISC. No.926 of 2026(3) dt.06-04-2026
                                                       4/4




                     are at liberty to approach Family Court for redressal of their

                     matrimonial dispute.



                                                                        (Jitendra Kumar, J.)
ravishankar/-

U      T


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