Patna High Court
Satya PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Satya Prakash sought anticipatory bail fearing arrest in CR No.15 of 2025, filed under section 85 of the Bharatiya Nyaya Sanhita and section 4 of the Dowry Prohibition Act. The complaint was lodged by his father‑in‑law alleging physical cruelty, but the petitioner argued that his wife had previously been married and had not obtained a legal dissolution before marrying him, leading to a divorce suit and suggesting a malicious motive behind the complaint. No medical evidence was produced to substantiate the cruelty allegation. The State opposed the bail application. Considering the lack of evidentiary support and the possibility of malicious prosecution, the Court granted anticipatory bail on the condition of a Rs.20,000 bond with two sureties, subject to the provisions of section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under section 85 of the BNSS and section 4 of the Dowry Prohibition Act where the complaint appears to be malicious and lacks medical evidence of cruelty.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 482(2), 85
- Dowry Prohibition Act — s. 4
Subjects
- anticipatory bail
- dowry prohibition
- section 85 BNSS
- section 4 Dowry Act
- malicious complaint
- physical cruelty
- marriage law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13101 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Satya Prakash S/o Mandan Prasad Singh, R/o Village - Kishunwara, P.S -
Patepur, District - Vaishali at Hajipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arvind Thakur S/o Late Ram Chandra Thakur R/o Village - Gorain, P.S -
Chakmehsi, District - Samastipur
3. Anshu Kumari W/o Satya Prakash D/o Arvind Thakur, R/o Village - Gorain,
P.S - Chakmehsi, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv.
Ms. Rani Shashi Bharti, Adv.
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with C.R. No. 15 of 2025 in which cognizance has
been taken under section 85 of the Bharatiya Nyaya Sanhita and
section 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that
the instant matter is based on the complaint filed by the father-
in-law of the petitioner with certain allegations pertaining to the
matrimonial life of the petitioner, in fact the petitioner’s wife,
who is here O.P. No. 3, was already a married lady when she
solemnized marriage with this petitioner and her earlier
Patna High Court CR. MISC. No.13101 of 2026(2) dt.26-02-2026
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marriage was with one Ashutosh Kumar Chaudhary, S/o Arvind
Chaudhary, R/o village Gosnagar, P.S. Basopatti, Dist
Madhubani. It is further submitted that the O.P. No. 3 without
getting her first marriage dissolved through legal process
entered into marriage with the petitioner, which forced the
petitioner to file a divorce case against his wife, being Divorce
Case No. 482/2024, before the family court, Hajipur and only
thereafter, the father-in-law of the petitioner filed the present
complaint case, which shows malicious intention on the part of
the O.P. No. 2 in filing of the said complaint case. It is lastly
submitted that there is no any medical evidence to support the
allegation of physical cruelty.
4. Learned APP for the State has opposed the
prayer of the petitioner.
5. In the facts and circumstances of this case,
considering the aforesaid submissions, the pleas taken by the
petitioner in this petition, this Court is inclined to grant the relief
of anticipatory bail to the petitioner. Accordingly, let the
petitioner named-above, in the event of his arrest or surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
Patna High Court CR. MISC. No.13101 of 2026(2) dt.26-02-2026
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sureties of the like amount each to the satisfaction of the Court
concerned in connection with C.R. No. 15 of 2025, subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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