Patna High Court
Vishal Srivastava @ Vishal Kumar @ Vishal Kumar SrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties.
Summary
Vishal Srivastava applied for anticipatory bail fearing arrest in a complaint alleging dowry harassment and related offences under sections 498A, 341, 323, 504 of the IPC and sections 3 and 4 of the Dowry Prohibition Act. The complainant, his wife, claimed he and others tortured her to obtain Rs. 2 lakh and threatened a second marriage, though the matter had earlier been compromised. The petitioner contended the allegations were false, no dowry demand was made, and he had filed a petition under section 9 of the Hindu Marriage Act and a maintenance suit, both pending in family courts. The State opposed the bail. The court, considering the nature of the allegations and the pending family proceedings, granted anticipatory bail on the condition of a Rs.10,000 bond and two sureties, to be executed within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under IPC and the Dowry Prohibition Act
- Whether the pending matrimonial and maintenance proceedings affect the grant of anticipatory bail
- Whether the conditions imposed by the court are appropriate for the grant of anticipatory bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Hindu Marriage Act — s. 9
- Indian Penal Code — s. 323, 341, 498A, 504
Subjects
- anticipatory bail
- dowry harassment
- IPC
- Dowry Prohibition Act
- Hindu Marriage Act
- family law
- maintenance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12712 of 2026
Arising Out of PS. Case No.-375 Year-2023 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
======================================================
Vishal Srivastava @ Vishal Kumar @ Vishal Kumar Srivastava son of Murari
Lal @ Murari Srivastava Resident Of Village- Muslim Basti, Mango, P. S.-
Mango, District -East Singhbhum, Jamshedpur, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari Daughter of Ram Dayal Prasad Resident Of Village-
Nasibchak, PS- Barbigha, District- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
Mr. Rajnish Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
For the O.P. no.2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 13-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State. No one appears for the
complainant/opposite party no.2 inspite of service of notice.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Complaint Case no.375(C) of 2023 registered under
section 498A, 341, 323 and 504 of the Indian Penal Code and
sections 3 and 4 of the D.P. Act.
3. As per the prosecution case, the complainant was
married to the petitioner in May, 2022. The complainant states
that large amount of gifts as detailed in the complaint were
Patna High Court CR. MISC. No.12712 of 2026(3) dt.13-05-2026
2/3
given at the time of marriage. However, soon after the marriage,
the accused persons including the petitioner herein who happens
to be the husband of the complainant started to torture the
complainant to get Rs. 2 lacs from her father for starting a
business or she was threatened that he would perform a second
marriage. The complaint was filed by the complainant before
the police on 5.4.2023, however the matter ended in a
compromise. As the torture once again started, the complainant
has been compelled to file yet another case.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. The
allegations of torture etc are all false and concocted. Neither the
complainant has ever been tortured nor any demand of dowry
has been made. The parties are issue-less and the petitioner
undertakes to cooperate in the case/trial.
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 in the complaint and the petitioner having filed a case
on 3.1.2025 under section 9 of the Hindu Marriage Act which is
pending in the Family Court at Jamshedpur as also Maintenance
Patna High Court CR. MISC. No.12712 of 2026(3) dt.13-05-2026
3/3
Case no. 17M /2020 filed by the complainant pending in the
Family Court at Sheikhpura, 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.375(C) 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 Sub-Divisional Judicial Magistrate, Sheikhpura.
(Partha Sarthy, J)
Shiv/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.