Suraj Singh Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

Suraj Singh Vs The State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within eight weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bikramganj Rohtas, subject to section 482 BNSS 2023 conditions and to payment of Rs. 3,000/- per month as temporary relief/solace to opposite party no.2 into her saving bank account, failing which for two consecutive months the court below may cancel the bail-bond; payments subject to orders in matrimonial/maintenance proceedings.

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 907/2023 (offences under sections 498A, 406/34 IPC and section 4 of the D.P. Act), should be enlarged on bail in the event of arrest/surrender, and on what conditions.

Court's answer

In view of the undertaking of counsel for the petitioner and the condition of opposite party no.2, in the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Sub Divisional Judicial Magistrate, Bikramganj Rohtas, in Complaint Case No. 907/2023, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

As a condition of bail, the petitioner is to pay monthly temporary relief/solace of Rs. 3,000/- to opposite party no.2 by depositing it each month in her saving bank account (whose number she is to bring on record by affidavit); if he fails to deposit the amount for two consecutive months, the court below is at liberty to cancel the bail-bond.

Key takeaways

The monthly payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order in no way precludes the parties from resolving the issue otherwise.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J) allowed a bail application by a husband apprehending arrest in Complaint Case No. 907/2023, Rohtas (PS Case No. 907/2023), registered for offences under sections 498A, 406/34 IPC and section 4 of the D.P. Act, where prosecution alleges demand of a motorcycle as dowry, assault and ouster of the wife from the matrimonial home. After mediation at the Patna High Court Mediation & Conciliation Center failed, the petitioner was held entitled to be enlarged on bail in the event of arrest/surrender within eight weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the SDJM, Bikramganj Rohtas, subject to section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and additional conditions: disclosure by affidavit of opposite party no.2's saving bank account number, monthly deposit of Rs. 3,000/- as temporary relief/solace to her (failure for two consecutive months permitting the court below to cancel the bail-bond), payments remaining subject to any order in matrimonial, maintenance or connected proceedings, and the order not precluding the parties from resolving the issue otherwise.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24194 of 2025

Arising Out of PS. Case No.-907 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas

======================================================

Suraj Singh S/o- Rajendra Singh Village- Dularpur PO-Ramgarh PS- Narahi District- Baliya State- Uttar Pradesh

... ... Petitioner

Versus

The State of Bihar

Subhangi Kumari D/o- Premchand Singh, W/o- Suraj Singh R/o- Mathiya Po- Kund Ps- Dinara Dist- Rohtas, P/A- Dularpur Po- Ramgarh Ps- Narahi Dist- Balia, U.P

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Nagendra Upadhyay, Advocate For the Opposite Party/s : Rina Sinha, A.P.P. Mr. I. Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 08-10-2025

Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag ‘M’).

Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 498A, 406/34 of the Indian Penal Code and section 4 of the D.P. Act.

Prosecution case in brief is that opposite party no.2 was married with the petitioner in 2023. After marriage, this petitioner along with other accused persons started demanding a motorcycle as dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted

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opposite party no.2 from her matrimonial house.

Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents’ house. It is further submitted that she has a girl child and has no means of livelihood and is on the verge of starvation.

In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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 the Sub Divisional Judicial Magistrate, Bikramganj Rohtas in Complaint Case No. 907/2023, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as on the following conditions:-

(i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account

Patna High Court CR. MISC. No.24194 of 2025(4) dt.08-10-2025 3/3

number for its communication to the petitioner.

(ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.

(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond.

(iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J)

Shashi

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