Patna High Court
Sachin Singh @ Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 115(2), 316(2), 318(4), 406, 61
- Dowry Prohibition Act — s. 3, 4
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
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======================================================
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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