Patna High Court
Shankar SardarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Shankar Sardar applied for anticipatory bail fearing arrest in a dowry harassment case (Complaint No. 2427 of 2023) under IPC section 498A and sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the complainant, his wife, was tortured for a demand of Rs. 2 lakh and a motorcycle, leading her to leave the house. The petitioner contended that the allegations were false, that no dowry demand or torture occurred, and that he was being targeted merely because he is the husband. The State opposed the bail. Considering the nature of the allegations, the petitioner’s clean record, and the facts presented, the Court ordered that he be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs. 10,000 and two sureties of the same amount.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under IPC section 498A and the Dowry Prohibition Act.
- Whether the allegations of dowry harassment and torture are sufficient to deny bail.
- Whether the petitioner’s lack of criminal antecedent warrants bail.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 498A
Subjects
- anticipatory bail
- dowry harassment
- IPC 498A
- Dowry Prohibition Act
- bail bond
- false complaint
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11418 of 2026
Arising Out of PS. Case No.-2427 Year-2023 Thana- COMPLAINT CASE District- Araria
======================================================
Shankar Sardar Son of Deochand Sardar Resident of village- Pithoura Ward
No.6, P.S.-Narpatganj, District -Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari Wife of Shankar Sardar Resident of village- Pithoura Ward
No.6, P.S.-Narpatganj, District -Araria At Present Resident of Dapurakha,
Nagar Parishad, Triveniganj, Ward no. 23, Ps- Triveniganj, Dist- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 13-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Complaint Case no.2427 of 2023, registered under section
498A of the Indian Penal Code and sections 3 and 4 of the D.P.
Act.
3. As per the prosecution case, the complainant states
that she was married to the petitioner herein in the year 2023.
Soon after the marriage, the accused persons including the
petitioner who happens to be her husband started to torture her
for non-fulfillment of demand of Rs. 2 lacs and a motorcycle.
She was ultimately forced to leave the house.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11418 of 2026(4) dt.13-05-2026
2/2
petitioner has been falsely implicated in the case only for the
reason that he happens to be the husband of the complainant.
The allegations levelled in the complaint are false and
concocted. There has never been any demand of dowry nor has
the complainant been subjected to torture in any manner. The
petitioner has always been ready to keep the complainant with
dignity and honour.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner together with the petitioner not having any criminal
antecedent, in the facts and circumstances of the case, it is
directed that the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Complaint Case no.2427 of 2023 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Araria.
(Partha Sarthy, J)
Shiv/-
U T
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