Patna High CourtCR. MISC./82765/2025bail granted

Jai Prakash Gupta v. The State Of Bihar

2026-04-21Mr. Justice Anil Kumar Sinha4 pages

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 DistrictRohtas ====================================================== Jai Prakash Gupta Son of Late Aniruddh Sah R/o - Village Alampur, P.S. - Baddi, Dist. - Rohtas.

... ... Petitioner/s

Versus

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 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 3⁄4 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 motorcycle. In the meantime, the complainant gave birth to one

2/4 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.

3/4

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 starvation. 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)

4/4 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