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Patna High Court

Kanhaiya Sahu @ Kanhaiya Kumar Sahu @ Kanhaiya SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 The petitioner contended that the dowry demand was originally made against his father‑in‑law, not him, and that the complaint was vague, lacking specific dates or details, and that the allegations of cruelty were unfounded.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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


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