Allegations of dowry-related offenses must be specific to warrant detention, especially in cases of marital status dispute.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

4 22-12-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2/complainant and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Complaint Case No. 381 of 2023, registered for the offences under Sections 3 23 , 341, 354(B), 307, 498(A), 120(B) and 34 of the Indian Penal Code and Section 3 , 4 of the Dowry Prohibition Act .

3. As per the prosecution case, the petitioner and other co-accused persons had been demanding Rs. 4 lakh and a motorcycle in dowry and on non-fulfillment of this demand, the accused persons variously tortured the complainant and drove her out of their house.

4. Learned counsel appearing on behalf of the petitioner submits that there is allegation that petitioner is the husband of the complainant but no marriage was ever solemnized between the complainant and this petitioner. The sister of the complainant was married in the neighbourhood of the petitioner and she used to visit her sister’s house but no marriage was ever solemnized between them. From the complaint petition it is clear that there is general and omnibus allegation against all accused persons and nothing specific has been said against this petitioner. The petitioner has been sent to custody on 02.07.2025 and he is having clean antecedent. The petitioner was enlarged on provisional bail by a Co-ordinate Bench vide order dated 18.09.2025.

5. Learned APP appearing for the State and learned counsel for the complainant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the complainant submits that the marriage wad duly solemnized but now the petitioner and his family members do not want to keep the complainant and has driven her out from their house. They also assaulted the complainant and her mother during panchayati.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned SDJM, Naugachia/concerned court, in connection with Complaint Case No. 381 of 2023, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.