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Patna High Court

Sachin Singh @ Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to payment of a demand draft of Rs. 2,10,000, a bail bond of Rs. 10,000 each and two sureties of equal amount.

Summary

The High Court considered an application for anticipatory bail filed by Mahendra Singh, Subodh Singh and Sachin Singh in connection with Complaint No. 729 of 2024, which alleged offences under the Bhartiya Nyaya Sanhita (including sections 318(4), 406, 61, 115(2), 316(2)) and the Dowry Prohibition Act (sections 3 and 4). The prosecution alleged that the complainant had transferred a total of Rs. 3,50,000 to Sachin Singh's bank account in anticipation of his marriage to the complainant's daughter, but Sachin Singh subsequently married another woman, prompting the complaint. The petitioners argued that they had already paid Rs. 50,000 in court and were willing to pay the remaining Rs. 2,10,000 as a demand draft, seeking relief from arrest. The Court, after evaluating the nature of the allegations and the partial compensation already made, granted anticipatory bail subject to the payment of the demand draft, a bail bond of Rs. 10,000 each, and two sureties of equal amount. The order was made under the inherent powers of the court under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged dowry and other offences under the Bhartiya Nyaya Sanhita and Dowry Prohibition Act.
  • Whether the payment of partial compensation and the offer to pay the balance affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • dowry prohibition
  • criminal procedure
  • Section 482
  • Section 115
  • Section 316
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • money transfer
  • marriage fraud

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.91274 of 2025


     Arising Out of PS. Case No.-729 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
                                             Rohtas
     ======================================================
1.    Mahendra Singh @ Mahendra Prasad Singh S/o- Late Ramjanam Singh R/v-
      Gandhrap, P.O- Pogar, P.S. Rafiganj, Dist- Aurangabad
2.   Subodh Singh S/o- Badhu Singh @ Bachu Singh R/v- Mahdipur, P.O-
     Dosya, P.S.- Fesar Dist- Aurangabad

                                                                   ... ... Petitioner/s
                                         Versus

1.   The State of Bihar
2.   Kedar Rai S/o- Late Kapil Rai R/v- W.No-19, DRL Colony Chuna Road Po
     Ps- Dalmiyanagar Dist- Rohtas, A/P- DRL, Railway Q.NO-88, Jakhi BIgha
     Ps- Dehri On Sone Dist- Rohtas

                                            ... ... Opposite Party/s
     ======================================================
                                           with

                 CRIMINAL MISCELLANEOUS No. 1162 of 2026
     Arising Out of PS. Case No.-729 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
                                             Rohtas

     ======================================================
     Sachin Singh @ Sachin Kumar Son of Mahendra Prasad Singh @ Mahendra
     Singh R/o Village - Gandharap, P.S. - Rafiganj, Dist. - Aurangabad(Bihar).

                                                                   ... ... Petitioner/s
                                         Versus

1.   The State of Bihar
2.   Kedar Rai Late Kapil Rai DRL railway quarter no. 88, Jakhi bigha, P.S.
     Dehri On-sone
2.   Kedar Rai Son of Late Kapil Rai R/o Village - Ward no. 19, D.R.L. Colony,
     Chuna Road, P.O. and P.S. - Dalmianagar, Dist. - Rohtas, at present residing
     at D.R.I. Railway quarter no. 88, Jakhi Bigha, P.S. - Dehri - on - Sone, Dist.
     - Rohtas(Bihar).

                                                             ... ... Opposite Party/s
         Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
                                                     2/5




                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 91274 of 2025)
                 For the Petitioner/s     : Mr. Aman Vishal
                 For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
                 (In CRIMINAL MISCELLANEOUS No. 1162 of 2026)
                 For the Petitioner/s     : Mr. Aman Vishal
                 For the Opposite Party/s : Mr. Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   02-04-2026         1. Heard learned counsel for the petitioners, learned counsel

                            for the opposite party no. 2 and learned Additional Public

                            Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Complaint Case No. 729 of 2024, dated 06.07.2024,

                            disclosing offences under Sections 318(4)/406/61 of the

                            Bhartiya Nyaya Sanhita and Sections 3 and 4 of the

                            Dowry Prohibition Act, however, learned Magistrate has

                            taken cognizance under Sections 115 (2) and 316(2) of

                            the Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per complaint lodged by

                            opposite party no. 2, is that the engagement ceremony of

                            the complainant’s daughter was performed with Sachin

                            Singh @ Sachin Kumar (petitioner in Cr. Misc. No. 1162

                            of 2026) on 14.03.2023. The complainant transferred a

                            sum of Rs. 1,00,000/- in the bank account of Sachin

                            Singh     on     05.09.2023.         Further,   on   22.09.2023,

                            complainant transferred a sum of Rs. 50,000/- in bank
Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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                  account of Sachin Singh and thereafter transferred a sum

                  of Rs. 2,00,000/- in Sachin Singh’s bank account, thus, a

                  total sum of Rs. 3,50,000/- was transferred through online

                  transaction. The date of other ceremonies i.e. Tilak and

                  Marriage was fixed on 04.03.2024, however, the

                  complainant came to know that Sachin Singh (petitioner

                  in Cr. Misc. No. 1162 of 2026) has solemnized marriage

                  with another girl, namely, Puja Kumari, on 21.02.2024 at

                  Ghaziyabad, Uttar Pradesh.

              4. Learned counsel for the petitioners submits that Sachin

                  Singh (petitioner in Cr. Misc. No. 1162 of 2026) was

                  having love affair with some another girl and he

                  performed marriage with her prior to the date fixed for

                  marriage of petitioner-Sachin Singh with the daughter of

                  complainant. He further submits that pursuant to the

                  order, dated 23.02.2026, of the Co-ordinate Bench of this

                  Court, the petitioner-Sachin Kumar has issued a cheque,

                  bearing cheque no. 029096, of a sum of Rs. 50,000/- in

                  the favour of Kedar Ray and the cheque has been handed

                  over by learned counsel for the petitioners to Mr.

                  Dharmendra Kumar Singh, learned counsel for the

                  opposite party no. 2, in the Court itself. Learned counsel
Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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                  further submits that balance amount of Rs. 2,10,000/-

                  shall be paid by way of Demand Draft prepared in the

                  name of opposite party no. 2 (Kedar Ray) on the date of

                  furnishing bail bond by the petitioners.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the nature of

                  allegation and the fact that a sum of Rs. 50,000/- has

                  already been paid in Court and petitioners are ready to

                  pay the balance amount of Rs. 2,10,000/- by way of

                  Demand Draft, I am inclined to grant the petitioners

                  privilege of anticipatory bail, subject to the condition that

                  a Demand Draft of a sum of Rs. 2,10,000/- prepared in

                  favour of opposite party no. 2 shall be handed over by the

                  petitioners to opposite party no. 2 at the time of

                  furnishing bail bond.

              6. This application is, accordingly, allowed.

              7. Let the petitioners, above named, in the event of their

                  arrest or surrender before the Court below within four

                  weeks, be released on bail on furnishing bail bond of Rs.

                  10,000/- (Ten Thousand) each with two sureties of the

                  like amount each to the satisfaction of learned Sub

                  Divisional Judicial Magistrate, Sasaram, Rohtas, in
            Patna High Court CR. MISC. No.91274 of 2025(4) dt.02-04-2026
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                              connection with Complaint Case No. 729 of 2024, subject

                              to the condition laid down under Section 482 (2) of the

                              Bhartiya Nagrik Suraksha Sanhita, 2023 and further

                              subject to the aforesaid condition.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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