Patna High Court
Gautam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- B.N.S.S. — s. 482(2)
- Dowry Prohibition Act — s. ¾
- Indian Penal Code — s. 323, 34, 406, 498A, 504
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
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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.
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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
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are at liberty to approach Family Court for redressal of their
matrimonial dispute.
(Jitendra Kumar, J.)
ravishankar/-
U T
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