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Patna High Court

Vishal Srivastava @ Vishal Kumar @ Vishal Kumar SrivastavaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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