Patna High Court
Anirudh Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Anirudh Kumar Sinha, was arrested on 3 December 2025 in connection with a case involving alleged dowry demands, assault, and sexual offences under the Bihar Penal Code and the Dowry Prohibition Act. The prosecution alleged that the petitioner, a brother‑in‑law of the groom, had participated in the forced sexual relationship and had misbehaved with the victim. The petitioner pleaded innocence, claiming a clean antecedent, that the FIR was filed a month after the alleged incident and was therefore fabricated, and that medical evidence did not support the charges. The State opposed bail, while the petitioner’s counsel argued that the delay and lack of corroborative evidence warranted release. The court, noting the petitioner’s clean record and the delayed FIR, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite serious charges under the Bihar Penal Code and Dowry Prohibition Act.
- Whether the one‑month delay in filing the FIR affects the presumption of innocence and bail eligibility.
- Whether the petitioner’s clean antecedent and alleged fabrication of the FIR justify bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 126(2), 3(5), 351(2), 352, 64, 76, 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- Dowry Prohibition Act
- Bihar Penal Code
- delay in FIR
- clean antecedent
- fabricated allegations
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10245 of 2026
Arising Out of PS. Case No.-943 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Anirudh Kumar Sinha S/O Baban Prasad R/O Village- Saidpura Khagaul, P.S-
Khagaul, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P.
For the Informant : Mr. Piyush Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.12.2025 in connection with Ram Krishna Nagar P.S. Case
No. 943 of 2025 for the offences punishable under Sections
126(2), 352, 351(2), 76, 64, 85 and 3(5) of BNS and Sections 3
and 4 of Dowry Prohibition Act.
3. The prosecution story, in brief, is that the informant
marriage was fixed with Abhishek Kumar, but before fixing of
marriage they had seen her several times at various locations. It
is further alleged that after arranging of marriage her parents
beyond their means borrowed money from relatives and well
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wishers and gave approximately Rs.29 Lakh in cash as a gift to
the groom's father and others. On 7.6.2025, her engagement
with Abhishek Kumar took place. On the occasion of the
engagement her parents gave gifts to Abhishek Kumar, her
father and mother over which a cost of Rs.5,00,000/- incurred
and the wedding date was fixed on 4.12.2025. It is further
alleged that meanwhile brother in law of Abhishek namely
Anirudh Kumar started talking to her and asked her to talk to
Abhishek on the phone, but she refused and said that she would
talk after the wedding. But due to repeated insistence, she
started taking with Abhishek. And during their talk Abhishek
insisted to meet her on the pretext that since they were engaged,
there was no problem in meeting. But due to pressure of
Abhishek and his mother Poonam Devi she agreed to meet him.
She met him at Marine Drive on 17.6.2025, from where he
forcibly took her to his house at Rajapur and that day no one
was present in the house and forcibly established physical
relationship with her and after that he established physical
relation with her several times even in the car on the pretext that
they are going to be married. It is also alleged that Anirudh
24.1.2026 misbehaved with her, touched her body
inappropriately, and did very wrong things to her. He started
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removing her clothes, and when she screamed he hit her. But
later Abhishek and his family members refused to marry her.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. As per the allegation as alleged in the FIR,
the petitioner had tried to commit rape upon the victim. Learned
counsel for the petitioner submits that, in fact, the petitioner is
brother-in-law of the proposed groom, namely, Abhishek
Kumar. It is further submitted that from bare perusal of the FIR
it appears that the date of occurrence is 12.10.2025 and the FIR
has been instituted on 04.11.2025 i.e., after a delay of about one
month which shows that the informant in order to falsely
implicate the petitioner and his family members has filed this
case. Apart from aforesaid, medical report also does not support
the allegation as leveled in the FIR and the police after
investigation has submitted charge-sheet and petitioner is in
custody since 03.12.2025.
5. The learned Additional Public Prosecutor for the
State and learned counsel for the informant, on the other hand,
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have vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner is a person with clean antecedent and the fact
that FIR has been instituted after a delay of month, let the
petitioner, above named, be released 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 learned Judicial
Magistrate First Class-XV, Civil Court, Patna in connection with
Ram Krishna Nagar P.S. Case No. 943 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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