Patna High Court
Kanhaiya Sahu @ Kanhaiya Kumar Sahu @ Kanhaiya SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, holding that the allegations of cruelty were prima facie vague and general, warranting release on bail.
Summary
The petitioner, Kanhaiya Sahu, was implicated in a criminal case (CR No. 384 of 2023) alleging offences under IPC sections 341, 323, 498A, 324, 504 and Section 3 of the Dowry Prohibition Act, based on a complaint of dowry demand of Rs. 1 lakh and alleged physical and knife assault. The petitioner contended that the dowry demand was originally made against his father‑in‑law, not him, and that the complaint was vague, lacking specific dates or details, and that the allegations of cruelty were unfounded. The learned magistrate had taken cognizance only of the 498A and Dowry Act charges. The petitioner applied for bail, arguing clean antecedents and the general nature of the allegations. The Additional Public Prosecutor opposed bail, but the court found the cruelty allegations prima facie vague and directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- What is the adequacy and specificity of the cruelty and dowry demand allegations against the petitioner?
- Whether the petitioner is entitled to bail pending trial in view of the nature of the allegations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Dowry Prohibition Act — s. 3
- Indian Penal Code — s. 323, 324, 341, 498A, 504
Subjects
- dowry harassment
- cruelty
- IPC 498A
- bail
- criminal procedure
- domestic violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10337 of 2025
Arising Out of PS. Case No.-384 Year-2023 Thana- COMPLAINT CASE - BENIPATTI
District- Madhubani
======================================================
Kanhaiya Sahu @ Kanhaiya Kumar Sahu @ Kanhaiya Sah, S/O Biltu Sahu,
R/O Village- Dekulipatii (Dekulichatti), P.S.- Bahadurpur, Distt.- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Asha Kumari W/O Kanhaiya Kumar Sahu @ Kanhaiya Sah @ Kanhaiya
Sahu, D/O Kishori Sahu, R/O Village- Dekulipatti (Dekulichatti), P.S-
Bahadurpur, Distt.- Darbhanga. At present resident of Village- Dulha, P.S-
Bisfhi, Dist.- Madhubnai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
For the Informant : Mr. Soban Asghar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 19-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with CR Case No. 384 of 2023 registered for the
offences punishable under Sections 341, 323, 498(A), 324, 504
of the Indian Penal Code and Section ¾ of the Dowry Prohibition
Act.
3. As per complaint, the allegation against the petitioner
is to commit cruelty upon the complainant due to non-fulfillment of
demand of dowry, as raised for cash of Rs. 1 lac alongwith other
Patna High Court CR. MISC. No.10337 of 2025(4) dt.19-01-2026
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co-accused persons/family members. The allegation of physical
assault and also assault caused by using knife appears available
through complaint petition.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that due to temperamental differences, the
complainant herself left the company of petitioner and came to her
parental home from Delhi. It is submitted that the complainant
raised unfounded allegation of physical assault and knife assault
through her complaint but during inquiry, same was not found
convincing and, therefore, the learned Jurisdictional Magistrate
took cognizance only for the offences punishable under Section
498A of the Indian Penal Code alongwith Section ¾ of the Dowry
Prohibition Act. It is submitted that as it appears from the
complaint that initially the demand of dowry was raised against
father-in-law, namely, Biltu Sahu who is not the petitioner for the
present but subsequently in same petition in para-9, she raised
allegation in very general and omnibus manner against all family
members including this petitioner qua dowry demand. It is pointed
out that same also not appears convincing in want of any specific
date etc. The petitioner claimed clean antecedent.
5. Learned APP, duly assisted by learned counsel Mr.
Soban Asghar, appearing on behalf of the informant, while
Patna High Court CR. MISC. No.10337 of 2025(4) dt.19-01-2026
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opposing the prayer of bail submitted that petitioner being
husband facing specific allegation qua cruelty but he could not
disputed the aforesaid factual submissions.
6. In view of aforesaid factual submissions and by
taking note of fact as allegation qua cruelty prima facie appears to
raise in very general and omnibus manner as discussed aforesaid,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Sessions Judge-V, Madhubani/concerned Court, where the case is
pending in connection with CR Case No. 384 of 2023 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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